Cazares

United States v. Cazares

Good Law
89 F. App'x 130
United States Court of Appeals for the Ninth CircuitMarch 2, 2004No. 03-50503; D.C. No. CR-96-01580-BTMCalifornia268 words

Opinion

Lead Opinion

MEMORANDUM **

Enrique Cazares’s appeal from the district court’s revocation of his supervised release fails. The district court did not abuse its discretion by revoking Cazares’s supervised release because the seventy-two hour reporting requirement was a valid condition of Cazares’s supervised release. See United States v. Thomas, 299 F.3d 150, 154 (2nd Cir.2002) *131 (upholding a requirement that a defendant “report to the nearest Probation Office within seventy-two hours of release from custody” when the requirement appeared in the written judgment but was not pronounced by the district court at oral sentencing, because a seventy-two hour reporting requirement was “clearly [a] basic administrative requirement ... necessary to supervised release”) (citation, internal quotation marks, and alteration omitted). Cazares had actual notice of his seventy-two hour reporting duty when he was informed of the requirement orally by his case manager and in writing by the Supervised Release Plan, which Cazares signed. See United States v. Oriega-Brito, 311 F.3d 1136, 1139 (9th Cir.2002) (upholding revocation where the defendant received actual notice of the supervised release conditions even…

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