United States v. Vasquez-Perez, No. 12-10433 (9th Cir. 2014)
Annotate this CaseDefendant appealed his conviction and sentence for violating the terms of his supervised release by illegally reentering the country after he had been deported. The court held that the provisions in Rule 32.1 of the Federal Rules of Criminal procedure pertaining to initial appearances were inapplicable when a defendant was in custody on underlying criminal charges at the time the revocation proceedings were initiated. Therefore, the magistrate judge did not err in failing to inform defendant of the allegations against him at the initial proceeding. The court also concluded that defendant was provided proper notice of the alleged violations of his supervised release. Finally, defendant's revocation sentence of 21 months was reasonable and defendant was not entitled to the protections of Boykin v. Alabama. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. Affirming a judgment revoking supervised release and the sentence imposed upon revocation, the panel held that the provisions in Fed. R. Crim. P. 32.1 pertaining to initial appearances are inapplicable when a defendant is in custody on underlying criminal charges at the time the revocation proceedings are initiated. The panel held that the magistrate judge therefore did not err in failing to inform the defendant of the allegations against him at the initial proceeding. The panel also held that the defendant was provided proper notice of the alleged supervised-release violation prior to his revocation hearing. The panel rejected the defendant’s contentions that the district court committed procedural error at sentencing and that the sentence is substantively unreasonable. The panel rejected as foreclosed the defendant’s contention that he was denied the procedural protections guaranteed by Boykin v. Alabama.
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