Hernandez-Gonzalez

MEMORANDUM **

Benito Hernandez-Gonzalez appeals the district court’s sentence following revocation of supervised release. HernandezrGonzalez argues that his due process rights were violated when the district court imposed a consecutive sentence based, in part, on an allegation in the *522 revocation petition which Hernandez-Gonzalez never admitted and on which he never waived his right to a hearing. He also argues that, in imposing a consecutive sentence, the court violated his due process rights by relying on unreliable hearsay evidence. Finally Hernandez-Gonzalez argues that the court violated Fed.R.Crim.P. 32 by failing to resolve a material disputed fact at sentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not violate Hernandez-Gonzalez’s due process rights or the requirements of Fed.R.Crim.P. 32.1(b)(2)(c) in finding that Hernandez-Gonzalez violated supervised release. The sequence of events at the revocation hearing demonstrates that the court intended to dismiss Allegation 3, thus making a hearing on this allegation unnecessary. Because the court did not rely on Allegation 3 to find that Hernandez-Gonzalez violated…