Opinion
No. 06-50278.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 22, 2007.
Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Diane Marie Regan, Esq., Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California; Barry T. Moskowitz, District Judge, Presiding. D.C. No. CR-03-01239-BTM.
Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Efren Arana-Olivas appeals from the district court's revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arana-Olivas' challenge to the constitutionality of the supervised release sentencing scheme is foreclosed by this court's decision in United States v. Huerta-Pimental, 445 F.3d 1220, 1224-25 (9th Cir. 2006) (explaining why supervised release sentencing scheme does not violate Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)).