United States v. Joseph Echevarria

Good Law
668 F. App'x 244
United States Court of Appeals for the Ninth CircuitAugust 11, 201615-10395California685 words

Opinion

Opinion

MEMORANDUM

This case presents a challenge to the term of supervised release imposed by the district court in its judgment revoking an original term of supervised release. We review de novo the district court’s interpretation of federal sentencing statutes. See United States v. Suarez, 682 F.3d 1214, 1218 (9th Cir. 2012).

Defendant pleaded guilty to an information charging him with conspiracy to possess with intent to distribute marijuana, a Class C felony, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(C) and 846. The district court sentenced him to two years in prison, followed by thirty-six months of supervised release. Defendant was later found to have committed an act of disorderly conduct during the term of his supervised release. The district court revoked Defendant’s supervised release and ordered him to serve a ten-month term of imprisonment, to be followed by a new thirty-six-month term of supervised release.

Defendant argues that the district court violated 18 U.S.C. § 3583 (h) when it did not reduce the term of his subsequent supervised release by the ten-month term of imprisonment the court had imposed for the violation of his initial supervised release. The…

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