United States v. Mario Chavez-Tello

MEMORANDUM

Defendant Mario Chavez-Tello appeals the denial of his motion to dismiss supervised release revocation proceedings. The government initiated proceedings to revoke Chavez-Tello’s three-year supervised release term from a prior conviction after a new conviction for illegal reentry. Chavez-Tello filed a motion to dismiss the proceedings in light of amendments to United States Sentencing Guidelines § 5Dl.l(c). The district court noted that the guideline amendments were not retroactive and that Chavez-Tello was sentenced before they took effect. The court found that it had no authority to dismiss the proceedings, and it denied Chavez-Tello’s motion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The parties dispute the appropriate standard of review. Chavez-Tello argues that we should review the district court’s decision for an abuse of discretion, citing United States v. Barreras-Moreno, 951 F.2d 1089 , 1091 (9th Cir.1991). The government argues that plain-error review applies here because Chavez-Tello has raised new claims on appeal. See United States v. Gallegos, 613 F.3d 1211, 1213-14 (9th Cir.2010). It is unnecessary to decide this question because there…