Giles (Stephen) v. State

• Court: Nevada Supreme Court
• Decided: November 12, 2014
• Docket: 65091
• Status: Unpublished

Opinion

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