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