Hernandez-Castro

United States v. Hernandez-Castro

Good Law
118 F. App'x 205
United States Court of Appeals for the Ninth CircuitDecember 9, 2004No. 04-50129California302 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Abel Hernandez-Castro appeals the district court’s judgment sentencing him to eighteen months in prison upon the revocation of his term of supervised release. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, United States v. George, 184 F.3d 1119, 1120 (9th Cir.1999), and we affirm.

Hernandez-Castro contends that the district court did not consider mitigating evidence because the court mistakenly believed it was required under U.S.S.G. § 7B1.3(f) to impose the revocation sentence consecutively to Hernandez-Castro’s sentence for entering the United States illegally. We disagree. The record reveals that the district court adequately considered the discretionary factors for imposing a consecutive sentence, rather than a concurrent one, upon revocation of supervised release. See, e.g., United States v. Gutierrez-Silva, 353 F.3d 819, 823 (9th Cir.2003); see also United States v. Lockard, 910 F.2d 542, 544 (9th Cir.1990).

Hernandez-Castro also contends that the district court violated the Double Jeopardy Clause by punishing him twice, through consecutive sentences, for the criminal conduct that violated his supervised release…

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