United States v. Mark A. Barquera

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark A. BARQUERA, Defendant-Appellant. No. 93-10670. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1994. * Decided June 1, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Mark Barquera appeals the district court's order revoking his probation, arguing that his probation was illegal and that reinstitution of a prison term following revocation of that probation constitutes double jeopardy. There is no dispute that the district court's intent in the original sentencing was to require Barquera to serve one year in prison and an additional five years on probation. Such a sentence violated former 18 U.S.C. Sec. 3651 , which limited prison terms to six months when the court also imposed a term of probation. That illegal sentence was corrected, however, by Barquera's first appeal. 3 Because Barquera's sentence was corrected,…