Unpublished Disposition, 919 F.2d 147 (9th Cir. 1990)

MEMORANDUM^** 

Jose Amado Valerio-Covarrubias appeals his sentence, following a guilty plea, for one count of possession of marijuana in violation of 21 U.S.C. § 844(a). Valerio-Covarrubias contends that the sentence is illegal because the combined terms of incarceration and supervised release exceed the statutory maximum term of incarceration for his offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review the legality of a sentence de novo. United States v. Pomazi, 851 F.2d 244, 247 (9th Cir. 1988).

" [F]ederal courts may only impose criminal punishments that are provided for by federal statutes." United States v. Montenegro-Rojo, 908 F.2d 425, 431 (9th Cir. 1990). In this case, misdemeanor possession of marijuana carries a sentence of up to one year imprisonment. 21 U.S.C. § 844(a). In addition, however, 18 U.S.C. § 3583 authorizes the district court to add a term of supervised release "onto any term of imprisonment authorized by a substantive criminal statute, even a term at or near the maximum." Montenegro-Rojo, 908 F.2d at 432; United States v. Robertson, 901 F.2d 733, 735 (9th Cir. 1990), cert. denied, 59 U.S.L.W. 3345 (U.S. Nov. 5, 1990) (No. 90-5879).

Valerio-Covarrubias received a sentence of five months imprisonment pursuant to 21 U.S.C. § 844(a), followed by the one year of supervised release authorized by 18 U.S.C. § 3583(b) (3). The sentence is legal. See Montenegro-Rojo, 908 F.2d at 434.

AFFIRMED.