Fykes

MEMORANDUM **

Michael Fykes appeals the district court’s imposition of supervised release upon revocation of his former term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). An alleged “imposition of an erroneous sentence” is reviewed for plain error. United, States v. Vieke, 348 F.3d 811, 812 (9th Cir.2003). We affirm.

At the revocation hearing, Fykes admitted to the district court that he violated the terms of his supervised release by committing the crime of possession of cocaine, the misdemeanor violations of driving under the influence and driving with a suspended license, failing to submit a written monthly report, absconding from supervision, and testing presumptively positive for use of cocaine and marijuana. The court revoked the term of supervised release and sentenced Fykes to twelve months in prison to be followed by three years of supervised release.

Fykes appeals only the imposition of supervised release. He contends that his initial term of supervised release was “terminate[d]” pursuant to 18 U.S.C. § 3583 (g) (1988 ed., Supp. V) upon the district court’s finding that he was in possession of a controlled…