United States v. Martin Rocha-Leon

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin ROCHA-LEON, Defendant-Appellant. No. 93-50130. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Martin Rocha-Leon appeals his eighteen month sentence under the Sentencing Guidelines, following the revocation of his supervised release after he admitted to violating the conditions of his release by importing and possessing fifty-six pounds of marijuana. Rocha-Leon was initially sentenced to a 21 month term of imprisonment to be followed by three years of supervised release for his guilty plea conviction to conspiracy to possess a controlled substance with intent to distribute. Rocha-Leon contends that the district court erred by not sentencing him to the mandatory minimum term of one third of the term of supervised release, or one year,…