Nevada Supreme Court, 2014

Giles (Stephen) v. State

Giles (Stephen) v. State
Nevada Supreme Court · Decided November 12, 2014

Giles (Stephen) v. State

Opinion

months' incarceration, to run concurrently with the sentence he was serving in an unrelated case. We conclude that the district court properly ensured that Giles' designation as a Juggalo was not based upon impalpable or highly suspect evidence and did not err by declining to strike the designation from the PSI. See Gomez v. State, 130 Nev. , 324 P.3d 1226, 1228-29 (2014). 1 Second, Giles asserts that the district court violated his right to due process by declining to give him a "meaningful opportunity" to challenge the designation of the Juggalos as a criminal gang in his PSI.

We decline to consider this claim because Giles does not assert that the court considered the Juggalos' alleged status as a gang when imposing sentence and merely asserts that the designation might cause him negative consequences in the future. See id. at , 324 P.3d at 1229; see generally United States v. Valentine, 783 F.2d 1413, 1417 (9th Cir. 1986) (generic and speculative claims of potential injuries are insufficient to establish a violation of due process). Accord United States v. Marion, 404 U.S. 307, 325-26 (1971). Accordingly, we ORDER the judgment of conviction AFFIRMED.

J.

Hardesty

Douglas

'To the extent that Giles asks this court to modify Gomez, we decline to do so.

SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Valerie Adair, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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