United States v. Rodolfo Gavilanes-Ocaranza

Defendant Rodolfo Gavilanes-Ocaranza pleaded guilty to being a removed alien found in the United States, a violation of the terms of his federal supervised release. The district court revoked Defendant’s supervised release and sentenced him to an additional 12 months’ imprisonment. Defendant raises several constitutional and other challenges to that sentence. In this published opinion, we address only his Sixth Amendment claims. We address his other arguments in an unpublished memorandum disposition filed concurrently with this opinion.

Because Defendant did not raise his Sixth Amendment objections before the district court, we review for plain error, United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc), and we affirm. We hold that the revocation of supervised release and the imposition of additional prison time do not violate the Sixth Amendment’s guarantee of a speedy trial, even when the revocation and sentencing take place years after the original conviction. We also hold that Alleyne v. United States, — U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013), does not affect the validity of our determination in United States, v. Huerta-Pimental, 445 F.3d…