United States v. Morales-Raya

Court: Court of Appeals for the Ninth Circuit
Date filed: 2008-12-02
Citations: 304 F. App'x 475
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Lead Opinion

MEMORANDUM **

Ernesto Morales-Raya appeals from the revocation of his supervised release and the 12-month sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Morales-Raya contends that the supervised release revocation procedure set forth in 18 U.S.C. § 3583 is unconstitutional. This contention is foreclosed. See United States v. Santana, 526 F.3d 1257, 1262 (9th Cir.2008).

Morales-Raya also contends that the district court committed procedural error in imposing the sentence, and that the 12-month sentence is substantively unreasonable. We conclude that the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc). We further conclude that the sentence is substantively reasonable under the totality of the circumstances. See id. at 993.

AFFIRMED.

**.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.