Taniguchi
United States v. Taniguchi
Opinion
Lead Opinion
MEMORANDUM **
Virginia Agustín Taniguchi appeals from the district court’s order revoking her supervised release and imposing a 33-month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Taniguchi contends that the term of imprisonment imposed by the court upon revocation of supervised release, when combined with the original term of imprisonment, exceeds the maximum term of imprisonment authorized by the United States Sentencing Guidelines, and therefore violates her rights pursuant to 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). This contention is foreclosed by United States v. Huerta-Pimental, 445 F.3d 1220, 1224-25 (9th Cir.2006) (holding that “[b]ecause the revocation of supervised release and the subsequent imposition of additional imprisonment is, and always has been, fully discretionary, it is constitutional under Booker,” and reaffirming that “imposition of imprisonment following the revocation of supervised release is part of the original sentence…