United States v. Anibal Diaz-Rodriguez

MEMORANDUM

Aníbal Diaz-Rodriguez appeals from the district court’s judgment and challenges the 24-month custodial sentence and 12-month term of supervised release imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Diaz-Rodriguez claims that the court erred by delaying his post-revocation sentencing hearing until after he was sentenced in his new criminal case. Under the circumstances, we conclude that the delay was not unreasonable. See Fed.R.Crim.P. 32.1(b)(2); United States v. Reyes-Solosa, 761 F.3d 972, 976-77 (9th Cir.2014) (“[A] district court can continue post-revocation sentencing for a reasonable time to consider a supervised releas-ee’s sentence in the underlying criminal proceeding as part of evaluating the supervised releasee’s breach of trust.”). Accordingly, we also reject Diaz-Rodriguez’s contention that the delay violated his right to due process. See Reyes-Solosa, 761 F.3d at 977 n. 4.

Diaz-Rodriguez next contends that the district court procedurally erred by considering an impermissible sentencing factor, namely, the adequacy of the aggregate sentence for the new criminal conviction and the supervised…