Gaines

MEMORANDUM *

Mike Anthony Gaines (“Gaines”) appeals the district court’s order entered upon his admission that he had violated the terms of his supervised release. Gaines contends that the district court’s order violates 18 U.S.C. § 3583 (e)(2) as an impermissible extension of supervised release; alternatively, he argues that the district court only had the option of imposing a term of incarceration after revoking his supervised release under the authority of United States v. Behnezhad, 907 F.2d 896 (9th Cir.1990). We have jurisdiction pursuant to both 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

We review a district court’s application of the supervised release statute de novo. United States v. Cade, 236 F.3d 463, 465 (9th Cir.2000). A district court’s authority to reinstate an original term of supervised release is a question of law reviewed de novo. United States v. Trenter, 201 F.3d 1262, 1263 (9th Cir.2000).

On July 29, 1991, Gaines pled guilty to two counts of bank robbery and was sentenced to two concurrent terms of 45 months’ incarceration, plus a three-year term of supervised release. Shortly after Gaines began his term of supervised release, he was…