Banda

MEMORANDUM **

Francisco Banda appeals the district court’s order revoking his supervised release and imposing sentence. He contends that the supervised release regime violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the imposition of the maximum penalty depends upon a fact not found by the jury. This contention is foreclosed by United States v. Huerta-Pimental, 445 F.3d 1220 (9th Cir.2006) (holding that because supervised release is imposed as part of the sentence authorized by the fact of conviction and requires no judicial fact-finding, it does not violate the Sixth Amendment principles recognized by Apprendi and Blakely ; that a district court’s decision to revoke supervised release and impose associated penalties is for the same reasons constitutional; and that because the revocation of supervised release and imposition of an additional term of imprisonment is discretionary, neither violates Booker).

AFFIRMED.

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