Giles (Stephen) v. State ( 2014 )

 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
2
(0) 1947A
cc: Hon. Valerie Adair, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
3