United States v. Murphy Vincent Tenerio

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Murphy Vincent TENERIO, Defendant-Appellant. No. 95-10397. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided July 18, 1996. Before: WOOD, * CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Murphy Vincent Tenerio appeals the 60-month sentence imposed by the district court following the revocation of his supervised release. We have jurisdiction, 28 U.S.C. § 1291 , 18 U.S.C. § 3742 , and affirm. 3 Tenerio argues that his sentence violates the Double Jeopardy Clause and amounts to cruel and unusual punishment because the district court sentenced him above the range in the Revocation Table, U.S.S.G. § 7B1.4. According to Tenerio, this had the effect of doubly punishing him, once for the underlying offense, and again for the release violation. Tenerio also claims that the district court erroneously concluded that…