United States v. Gavilanes-Ocaranza, No. 13-50123 (9th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to being a removed alien found in the United States, a violation of the terms of his federal supervised release. Reviewing for plain error because defendant did not raise his Sixth Amendment objections before the district court, the court held that the revocation of supervised release and the imposition of additional prison time do not violate the Sixth Amendment's guarantee of a speedy trial, even when the revocation and sentencing take place years after the original conviction; Alleyne v. United States does not affect the validity of the court's determination in United States v. Huerta-Pimental, that the revocation of supervised release and the imposition of additional prison time under 18 U.S.C. 3583 do not violate the Sixth Amendment right to trial; and the court addressed defendant's other arguments in an unpublished memorandum. Accordingly, the court affirmed the revocation of supervised release and the sentence imposed upon revocation.
Court Description: Criminal Law. The panel affirmed the district court’s revocation of supervised release and the sentence imposed upon revocation. The panel held that the revocation of supervised release and the imposition of additional prison time do not violate the Sixth Amendment’s guarantee of a speedy trial, even when the revocation and sentencing take place years after the original conviction. The panel also held that Alleyne v. United States, 133 S. Ct. 2151 (2013), does not affect the validity of the determination in United States v. Huerta- Pimental, 445 F.3d 1220, 1224 (9th Cir. 2006), that the revocation of supervised release and the imposition of additional prison time pursuant to 18 U.S.C. § 3583 do not violate the Sixth Amendment right to trial by jury.
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