Santana

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50190 Plaintiff-Appellee, v.  D.C. No.

CR-03-01017-NAJ-

ENGELBERTO SANTANA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding

Argued and Submitted March 4, 2008—Pasadena, California

Filed May 27, 2008

Before: John R. Gibson,* Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges.

Opinion by Judge Gibson

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL

Zandra L. Lopez, Federal Defenders of San Diego, California, for the defendant-appellant.

Randy K. Jones and David P. Curnow, Assistant United States Attorneys, San Diego, California, for the plaintiff-appellee. 6006 UNITED STATES v. SANTANA

OPINION

GIBSON, Senior Circuit Judge:

Engelberto Santana appeals from the district court’s deci- sion to revoke his supervised release and impose a new term of eight months’ imprisonment and…