United States v. David Bravo-Cuevas

MEMORANDUM

Appellant David Bravo-Cuevas appeals the district court’s revocation of his supervised release and the sentences the district court imposed for violation of his super vised release conditions, and following his conviction for illegal reentry.

Contrary to Bravo-Cuevas’ argument, the twenty-seven month term of supervised release he received in 2009 was validly imposed. See United States v. Cade, 236 F.3d 463, 466 (9th Cir.2000) (“As provided by [18 U.S.C.] § 3583(e)(3), a defendant is not entitled to credit against the revocation sentence for time served on supervised release before revocation____”).

The district court did not violate the Double Jeopardy Clause by imposing a 77-month sentence for Bravo-Cuevas’ new violation of 8 U.S.C. § 1326 as well as a consecutive 6-month sentence for violation of his supervised release conditions, despite the fact that both violations resulted from the same conduct. See United States v. Soto-Olivas, 44 F.3d 788, 790-91 (9th Cir.1995). The transcript of the sentencing hearing indicates that the district court appropriately imposed the 6-month sentence as a sanction for Bravo-Cuevas’ breach of trust, and not “solely, or even…