Cuevas-Salgado

United States v. Cuevas-Salgado

Good Law
119 F. App'x 131
United States Court of Appeals for the Ninth CircuitDecember 27, 2004No. 04-10175; D.C. No. CR-03-50080-JMRCalifornia449 words

Opinion

Lead Opinion

MEMORANDUM **

Humberto Cuevas-Salgado appeals the district court’s order revoking his supervised release. He contends the court lacked jurisdiction, and alternatively, challenges his sentence. We conclude the court had jurisdiction to revoke the supervised release and did not err in sentencing. Accordingly, we affirm.

DISCUSSION

Cuevas-Salgado argues the district court lacked jurisdiction to revoke his supervised release imposed by a district court in Texas. We disagree. Jurisdiction over Cuevas-Salgado’s supervised release was properly transferred pursuant to 18 U.S.C. § 3605 . See United States v. Ohler, 22 F.3d 857, 858 (9th Cir.1994) (noting “statute gives a court discretion to order a transfer” of jurisdiction over a person on supervised release). We reject Cuevas-Salgado’s contention that transfer of jurisdiction is not proper unless the terms of his original supervised release required or permitted him “to proceed” to Arizona. The plain language of § 3605 authorized the transfer of jurisdiction in this case.

Cuevas-Salgado also argues the district court should have departed downward or imposed a concurrent sentence for his violation of supervised release. We lack…

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