USA v. Moises Ramirez-Acoltzi, No. 10-50135 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50135 D.C. No. 3:05-cr-00538-GT-1 v. MEMORANDUM * MOISES RAMIREZ-ACOLTZI, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gordon Thompson, District Judge, Presiding Submitted December 14, 2010 San Francisco, California ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Moises Ramirez-Acoltzi appeals the district court s judgment revoking his supervised release and the sentence imposed upon his revocation. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Ramirez-Acolotzi contends that the supervised release revocation procedures set forth in 18 U.S.C. § 3583(e)(3) violate Apprendi v. New Jersey, 530 U.S. 466 (2000). As Ramirez-Acoltzi concedes, this contention is foreclosed by United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008), and he raises it only to preserve the issue for further review. AFFIRMED. 2 10-50135

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