Rodriguez

United States v. Rodriguez

Good Law
198 F. App'x 667
United States Court of Appeals for the Ninth CircuitAugust 24, 2006No. 05-50593California307 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Ricardo Rodriguez, Jr. appeals *668 from the 36-month sentence imposed upon revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 . As Rodriguez failed to raise his contentions below, we review the district court’s judgment for plain error, see Johnson v. United States, 520 U.S. 461, 466-67 , 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997), and we affirm.

Rodriguez challenges the district court’s imposition of consecutive revocation sentences where the district court had initially imposed concurrent terms of supervised release. This contention is foreclosed by United States v. Jackson, 176 F.3d 1175, 1177-78 (9th Cir.1999) (per curiam) (holding that the district court has discretion to impose consecutive sentences of imprisonment upon revocation of concurrent sentences of supervised release).

Rodriguez also contends that the revocation of his supervised release violates Apprendi v. New 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). Specifically, he contends that the revocation procedure is unconstitutional because it allows for an…

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