United States of America, Plaintiff-appellee, v. Martin Rocha-leon, Defendant-appellant, 36 F.3d 1104 (9th Cir. 1994)

MEMORANDUM^** 

Martin Rocha-Leon appeals his eighteen month sentence under the Sentencing Guidelines, following the revocation of his supervised release after he admitted to violating the conditions of his release by importing and possessing fifty-six pounds of marijuana. Rocha-Leon was initially sentenced to a 21 month term of imprisonment to be followed by three years of supervised release for his guilty plea conviction to conspiracy to possess a controlled substance with intent to distribute. Rocha-Leon contends that the district court erred by not sentencing him to the mandatory minimum term of one third of the term of supervised release, or one year, pursuant to the requirements of 18 U.S.C. § 3583(g).¹  The parties agreed and the district court found the applicable Guideline range for Rocha-Leon's revocation of supervised release was twelve to eighteen months, pursuant to U.S.S.G. Sec. 7B1.4. There is no conflict between the Guidelines and the minimum statute term where, as here, the eighteen month term imposed by the district court was within the Guideline range,²  and complied with the minimum term requirement of at least one year as proscribed by 18 U.S.C. § 3583(g). The district court is

AFFIRMED.