United States v. Favio Ortega-Brito

Good Law
2002 Daily Journal DAR 13299·311 F.3d 1136·2002 WL 31655177·2002 Cal. Daily Op. Serv. 11430·2002 U.S. App. LEXIS 24107
United States Court of Appeals for the Ninth CircuitNovember 26, 200202-50114California1,136 words

Opinion

Opinion

Goodwin, J.

Favio Ortega-Brito (“Ortega”) appeals from the district court’s judgment impos ing a prison term following the revocation of his supervised release based on a violation of the conditions of his release. Ortega contends that his term of supervised release should not have been revoked. First, he asserts that at the time his term of supervised release was imposed, the district court did not order Ortega’s probation officer to provide him with a written copy of the conditions of his release. This omission was a violation of 18 U.S.C. § 3583 (f). Second, he asserts that the probation officer did not provide him with a written copy of the conditions in violation of 18 U.S.C. § 3603d). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 13, 2001, Ortega pled guilty to a charge of illegal reentry following deportation in violation of 8 U.S.C. § 1326 . At his sentencing hearing, the district court sentenced Ortega to 60 days (time served) and a one-year term of supervised release. The district court also orally informed Ortega of certain conditions of his release. Three days later, Ortega was deported to Mexico.

On October 20, 2001, Ortega was arrested again for violation of 8 U.S.C.…

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