Pham

United States v. Pham

Good Law
143 F. App'x 44
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 05-30154California320 words

Opinion

Lead Opinion

MEMORANDUM **

Bao Linh Pham appeals the district court’s revocation of his supervised release for an underlying guilty plea conviction for bank fraud, in violation of 18 U.S.C. § 1344 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Pham contends that the district court violated his due process rights at the revocation of supervised release hearing by not asking him personally whether he admitted the alleged violation. We review for plain error, United States v. Buckland, 289 F.3d 558, 563 (9th Cir.2002) (en banc), and we reject the contention. “[W]e have repeatedly held that criminal defendants are bound by the admissions of fact made by their counsel in their presence and with their authority.” United States v. Her *45 nandez-Hernandez, 387 F.3d 799, 806 (9th Cir.2004), vacated on other grounds by Ramos-Birrueta v. United States, — U.S. -, 125 S.Ct. 1427 , 161 L.Ed.2d 185 (2005). Further, proceedings to revoke supervised release need not comply with the procedural protections constitutionally guaranteed for criminal prosecutions. See United States v. Soto-Olivas, 44 F.3d 788, 792 (9th Cir.1995); see also United States v. Segal, 549 F.2d 1293, 1300 (9th Cir.1977)…

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