United States v. Moises Ramirez-Acoltzi ( 2010 )

FILED
NOT FOR PUBLICATION DEC 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50135
Plaintiff - Appellee, D.C. No. 3:05-cr-00538-GT-1
v.
MEMORANDUM *
MOISES RAMIREZ-ACOLTZI,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, District Judge, Presiding
**
Submitted December 14, 2010
San Francisco, California
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Moises Ramirez-Acoltzi appeals the district court’s judgment revoking his
supervised release and the sentence imposed upon his revocation.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Ramirez-Acolotzi contends that the supervised release revocation procedures
set forth in 18 U.S.C. § 3583(e)(3) violate Apprendi v. New Jersey, 530 U.S. 466(2000). As Ramirez-Acoltzi concedes, this contention is foreclosed by United
States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008), and he raises it only to
preserve the issue for further review.
AFFIRMED.
2 10-50135