United States v. Mario Valencia-Ochoa

667 F. App'x 919

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 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.