United States v. Mario Valencia-Ochoa

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 01 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 16-50007
Plaintiff-Appellee, D.C. No. 3:14-cr-02345-CAB
v.
MEMORANDUM*
MARIO VALENCIA-OCHOA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Valencia-Ochoa contends that 18 U.S.C. § 3583(e)(3), which provides that a
district court may revoke supervised release and 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 (2000). As Valencia-Ochoa concedes, this claim is foreclosed. See
United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008).
AFFIRMED.
2 16-50007