Ortiz-Merida

United States v. Ortiz-Merida

Good Law
224 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 6, 2007No. 06-50248California774 words

Opinion

Lead Opinion

MEMORANDUM **

Flavio Ortiz-Merida appeals the district court’s decision to revoke his supervised release. Ortiz-Merida was convicted in 2003 of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . The government filed a revocation petition on June 13, 2005 — shortly after Ortiz-Merida was charged with a new § 1326 violation — alleging that Ortiz-Merida had violated the mandatory condition that he commit no further crimes. The government subsequently filed an amended petition alleging that Ortiz-Merida also violated the special condition that he not reenter the United States following his deportation. Ortiz-Merida contends that the district court failed to provide an adequate explanation of its revocation decision, that the court’s decision was not supported by the evidence, and that the court violated his due process right to confrontation by admitting hearsay evidence during the revocation hearing. He also argues that the district court should not have granted a continuance.

We hold that the district court “ma[d]e sufficient findings on the record to identify the violation and the evidence relied upon to establish it.” United States v.…

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