U.S. Court of Appeals for the Ninth Circuit, 2006

United States v. Giraldo

U.S. Court of Appeals for the Ninth Circuit · Decided July 24, 2006 · Callahan, Fletcher, Trott

190 F. App'x 581

Counsel

John Kraemer, U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee., Zaki Zehawi, Esq., Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Opinion of the Court

MEMORANDUM **

Carlos Alberto Giraldo appeals from the fourteen-month sentence imposed for violation of conditions of supervised release, pursuant to 18 U.S.C. § 3583(e). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Giraldo argues the imposition of supervised release increased the maximum penalty provided by the statute of conviction and thereby violated his Sixth Amendment rights. Giraldo’s argument is precluded by United States v. Huertas-Pimental, 445 F.3d 1220,1224 (9th Cir. 2006).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.

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