Juarez-Lopez

United States v. Juarez-Lopez

Good Law
191 F. App'x 601
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 04-30334, 04-30382California319 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, Jose Rosario Juarez-Lopez appeals from the district court’s order revoking his supervised release and imposing an 18-month sentence, and from the 33-month sentence imposed following a guilty-plea conviction for illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s judgments.

Appellant contends that the district court lacked jurisdiction to consider his supervised release violations because his arrest warrant was not supported by probable cause. The district court, however, revoked appellant’s supervised release before the expiration of his term of supervised release, so the court had jurisdiction to revoke regardless of a warrant. See United States v. Ortuno-Higareda, 421 F.3d 917, 921 (9th Cir.2005).

Appellant also contends that the district court abused its discretion when it denied his motion for substitution of counsel at sentencing. Upon review, we conclude that there was no abuse of discretion as the district court’s inquiry was adequate and the conflict with counsel was minimal. See United States…

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