Thoi

United States v. Thoi

Good Law
158 F. App'x 31
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 05-10090California354 words

Opinion

Lead Opinion

MEMORANDUM **

Charlotte Thoi appeals the district court’s revocation of her supervised release and the 24-month sentence imposed upon revocation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . As Thoi did not object in the district court we apply the plain error standard of review, see Jones v. United States, 527 U.S. 373, 388 , 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999), and we affirm.

Thoi contends that the district court “affirmatively misadvised” her of the consequences of admitting violations of her supervised release when ¡it did not inform her that it could impose a term of supervised release following her prison sentence. However, because the district court is not required to advise a defendant of the maximum term of supervised release, it may impose upon revocation of supervised release, see Federal Rules of Criminal Procedure 32.2, appellant’s ■ contention fails. See United States v. Segal, 549 F.2d 1293, 1298 (9th Cir.1977) (noting the protections of Rule 11 do not apply to probation revocation proceedings).

Further, the district court did not commit plain error in ipisadvising Thoi prior to her admissions that “she could be sentenced to up to two years” when she…

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