Holman

United States v. Holman

Good Law
8 F. App'x 657
United States Court of Appeals for the Ninth CircuitApril 18, 2001No. 00-10433; D.C. No. CR-93-00264-JMRCalifornia430 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Wadell G. Holman appeals the district court’s order imposing a sentence of both incarceration and supervised release upon his admission that he had violated the requirements of his original term of supervised release. We have jurisdiction pursuant to both 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Holman first challenges the district court’s order stating that he was not advised of the possibility of additional supervised release following revocation. As a procedural matter, Holman waived his right to appeal on the Rule 11 issue. He had an opportunity to raise the issue on direct appeal and did not do so, nor did he attempt to raise the issue on collateral review. “When a party could have raised an issue in a prior appeal but did not, a court later hearing the same case need not consider the matter.” Alioto v. Cowles Communications, Inc., 623 F.2d 616, 618 (9th Cir.1980).

Were this Court to reach the merits of this contention, however, we would affirm the district court’s order because Holman fails to establish, or even assert for that matter, that the error, if any, amounted “to a jurisdictional or constitutional error or ...…

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