Boucher
United States v. Boucher
55 F. App'x 869
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 01-50678; D.C. No. CR-90-00950-JNKCalifornia122 words
Lead Opinion
MEMORANDUM **
Emory Joseph Boucher appeals the sentence imposed upon revocation of his term of supervised release. He contends that 18 U.S.C. § 3583 , which authorizes the imposition of a term of supervised release, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This contention is foreclosed by our recent decision in United States v. Liero, 298 F.3d 1175, 1177-78 (9th Cir.2002), cert. den., — U.S. -, 123 S.Ct. 913 , — L.Ed.2d -, 71 U.S.L.W. 3473 (U.S. Jan. 13, 2003).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the *870 courts of this circuit except as provided by Ninth Circuit Rule 36-3.