United States v. Enrique Gomez-Gonzalez, AKA Jorge Cholico-Gomez

This is an appeal of incarceration imposed for violating a special condition of supervised release. Appellant is Enrique Gomez-Gonzalez, a.k.a. Jorge Cholico-Go-mez (“Cholico”) , a Mexican citizen. Choli-co was originally sentenced to two years incarceration and one year supervised release. The district court revoked Cholico’s supervised release and imposed six months incarceration after finding by a preponderance of the evidence that Cholico violated a condition of release. See 18 U.S.C. § 3583 (e)(3). Cholico argues that § 3583(e)(3) violates the rule announced in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the statute does not permit the question whether Cholico violated the terms of his supervised release to be submitted to a jury and proved beyond a reasonable doubt. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I

In 1996, a grand jury indicted Cholico on one count of illegal reentry after deportation following the commission of an aggravated felony. This crime is punishable by up to 20 years imprisonment. 8 U.S.C. § 1326 (b). Cholico pleaded guilty to simple illegal reentry after…