Cruz
United States v. Cruz
Opinion
Lead Opinion
MEMORANDUM *
Defendant Victor Cruz appeals a thirty-six month sentence imposed by the district *628 court when Cruz violated the conditions of two terms of supervised release. Cruz contends that the district court erred in imposing consecutive sentences because the terms of supervised release, on which the sentence is based, were ordered to run concurrently. In addition, Cruz maintains that the district court cannot sentence him to more than twenty-four months in prison following revocation of his supervised release. See 18 U.S.C. § 8583 (e)(3) (providing a maximum prison term of two years where the district court revokes and terminates supervised release for a Class C or D felony). We review de novo the legality of a guideline sentence. See United States v. Jackson, 176 F.3d 1175, 1176 (9th Cir. 1999). For the reasons stated below, we affirm the district court.
A district court may impose consecutive sentences after the revocation of supervised release, even if the terms of supervised release were originally ordered to run concurrently. See id. at 1177 ; 18 U.S.C. § 3584 (affording a district court discretion to impose consecutive sentences). Section 5G1.2(d) allows district…