U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Mario Valencia-Ochoa

U.S. Court of Appeals for the Ninth Circuit · Decided August 1, 2016 · Schroeder, Canby, Callahan

667 F. App'x 919

Counsel

Andrew Richard Haden, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Nicole Ries Fox, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee., Jennifer Lynn Coon, Attorney, Law Office of Jennifer L. Coon, San Diego, CA, for Defendant-Appellant.

Opinion

MEMORANDUM **

Mario Valencia-Ochoa appeals from the district court’s judgment and challenges the revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Valencia-Ochoa contends that 18 U.S.C. § 3583(e)(3), which provides that a district court may revoke supervised release and *920 impose a term of imprisonment upon finding by a preponderance of the evidence that the defendant violated a condition of supervised release, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2848, 147 L.Ed.2d 435 (2000). As Valencia-Ochoa concedes, this claim is foreclosed. See United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.