FILED
NOT FOR PUBLICATION OCT 31 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30055
Plaintiff-Appellee, D.C. No. 2:12-cr-02044-RMP
v.
MEMORANDUM*
ANTONIO DE JESUS MAGANA,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Antonio de Jesus Magana appeals from the district court’s judgment and
challenges the revocation of supervised release and the 10-month sentence imposed
upon revocation. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and
remand for further proceedings.
*
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).
Magana contends that the district court did not have a sufficient basis to
revoke supervised release because he did not formally admit the violations. The
record reflects that, though Magana admitted to general “wrongdoing,” he never
specifically admitted to any of the five alleged violations. We, therefore, vacate
the district court’s judgment revoking supervised release. Upon remand, the
district court shall take Magana’s formal admission to the violations or, if Magana
denies the violations, shall take evidence and make a finding whether Magana
violated the conditions of supervised release. See 18 U.S.C. § 3583(e)(3); Fed. R.
Crim. P. 32.1(b)(2).
In light of this disposition, we do not reach Magana’s other claims of error.
VACATED and REMANDED.
2 16-30055