Ortiz

MEMORANDUM ***

Jose Ramon Ortiz appeals the district court’s revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The decision to revoke supervised release “typically involves two distinct components: (1) a retrospective factual question whether the probationer has violated a condition of [supervised release]; and (2) a discretionary determination by the sentencing authority whether violation of a condition warrants revoeation[.]” Black v. Romano, 471 U.S. 606, 611 , 105 S.Ct. 2254 , 85 L.Ed.2d 636 (1985).

Ortiz does not dispute that on April 1, 2004, he used marijuana and added water to dilute his urine sample. Both acts violated conditions of his supervised release. Thus, only the second prong (the discretionary determination to revoke) is at issue. The district court’s decision to revoke supervised release is reviewed for an abuse of discretion. United States v. Verduzco, 330 F.3d 1182, 1184 (9th Cir.2003).

I.

Ortiz argues the revocation proceedings were fundamentally unfair and deprived him of due process because the probation officer’s “real reason” (which was not charged) for petitioning for revocation was Ortiz’s failure to…