Pineda-Hurtado

MEMORANDUM **

Jose Eusebio Pineda-Hurtado appeals from the district court’s order revoking his supervised release and imposing a 12-month sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Pineda-Hurtado contends that the supervised release revocation statute, 18 U.S.C. § 3583 (e), violates Apprendi v. New *675 Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the imposition of imprisonment upon revocation depends upon a fact not found beyond a reasonable doubt by the jury. This contention is foreclosed by United States v. Huertar-Pimental, 445 F.3d 1220 (9th Cir.2006) (holding supervised release scheme does not violate the Sixth Amendment principles recognized by Apprendi , and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and holding that revocation of supervised release and imposition of an additional term of imprisonment are discretionary and do not violate Booker).

AFFIRMED.

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