United States v. Hector Verduzco, AKA Andres Juan Gutierrez, Jr., AKA John Doe

Good Law
2003 Daily Journal DAR 5869·330 F.3d 1182·2003 WL 21244295·61 Fed. R. Serv. 546·2003 Cal. Daily Op. Serv. 4520
United States Court of Appeals for the Ninth CircuitMay 30, 200302-50353California1,274 words

Opinion

Opinion

Tashima, J.

Appellant Hector Verduzco appeals from a judgment of the district court, sentencing him to 15 months’ imprisonment for violating his supervised release. The question we must decide is whether the district court can consider a state conviction resulting from a nolo contendere plea as probative of a charge that a supervised releasee violated the terms of his release that he not commit “another ... crime.” We have answered the question in the affirmative in the context of a probation revocation hearing, United States v. Gua- darrama, 742 F.2d 487 (9th Cir.1984), and now extend that holding to supervised release. We therefore affirm the judgment and sentence of the district court. Our jurisdiction is pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 .

BACKGROUND

In 1994, Verduzco pled guilty to one count of making a false statement on a passport application, in violation of 18 U.S.C. § 1542 , and was sentenced to a three-month prison term and a three-year term of supervised release. One of the conditions of his supervised release was that Verduzco not commit “another Federal, state or local crime.” In 1997, the probation officer charged that Verduzco had violated the terms of his…

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