Gomez-Infante

United States v. Gomez-Infante

Good Law
310 F. App'x 175
United States Court of Appeals for the Ninth CircuitJanuary 26, 2009Nos. 08-10145, 08-10146California285 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, Gomez-Infante appeals from his jury-trial conviction and 33-month sentence for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 (a), and from the revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gomez-Infante provides no argument regarding his conviction and sentence for attempted reentry after deportation and, thus, has waived any challenge to *177 them. See United States v. Vought, 69 F.3d 1498, 1501 (9th Cir.1995).

Gomez-Infante contends that the district court erred when it found that he violated the conditions of supervised release as alleged in the petition for revocation of supervised release because the petition alleged that he committed the offense of reentry after deportation rather than attempted reentry. We conclude that the petition provided Gomez-Infante with sufficient notice regarding the offense that served as the basis for revocation. See Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593, 2603 , 33 L.Ed.2d 484 (1972); see also United States v. Havier, 155 F.3d 1090, 1092 (9th Cir.1998).

Because we conclude that the district court properly…

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