USA V. CINDY ESCOBEDO, No. 19-50135 (9th Cir. 2021)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 23 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 19-50135 D.C. No. 3:16-cr-00538-H-1 MEMORANDUM* CINDY ESCOBEDO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Submitted March 16, 2021** Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges. Cindy Escobedo appeals from the district court’s judgment revoking supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Escobedo contends that the district court imposed an impermissibly vague condition of supervised release when it stated during the sentencing hearing that * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Escobedo was required to refrain from “things that could be perceived as alien smuggling activities.” When viewed in context, it is apparent that the district court’s statement did not amount to a new condition of supervised release. At most, the oral pronouncement was ambiguous as to whether the court intended to impose an additional condition of supervised release. However, the written judgment, which does not include any such supervised release condition, demonstrates that the court did not intend to impose an additional condition. AFFIRMED. 2 19-50135
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