United States v. Paublino Valencia

Good Law
43 F.3d 1480·1994 WL 703072·1994 U.S. App. LEXIS 39867
United States Court of Appeals for the Ninth CircuitDecember 14, 199494-50325California637 words

Opinion

Opinion

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paublino VALENCIA, Defendant-Appellant. No. 94-50325. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Paublino Valencia appeals his eighteen month sentence imposed upon revocation of his supervised release. Valencia contends that the district court erred by failing to consider the guideline range before imposing sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 ; we review de novo the application of the Sentencing Guidelines upon revocation of supervised release. United States v. Lockard, 910 F.2d 542, 543 (9th Cir.1990). We affirm. 3 Valencia was sentenced originally to four months in custody and two years of supervised release following entry of a guilty plea to making a false statement to an immigration agent. One condition of his…

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