Opinion
No. 06-50142.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 8, 2007.
Michael E. Lasater, Esq., David P. Curnow, Esq., Roger W. Haines, Jr., Esq., USSD — Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Gary P. Burcham, Esq., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Gordon Thompson, Jr., Senior Judge, Presiding. D.C. No. CR-93-00277-5-GT.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court did not err in revoking appellant's supervised release. The certified judgment of appellant's conviction entered on his People v. West guilty plea, together with the state court's finding of a factual basis for the plea, sufficiently established that appellant committed a crime in violation of the terms of his supervised release. See People v. West, 3 Cal.3d 595, 91 Cal.Rptr. 385, 477 P.2d 409 (1970); United States v. Verduzco, 330 F.3d 1182 (9th Cir. 2003). Appellant's argument that 18 U.S.C. § 3583 revocation proceedings are unconstitutional is foreclosed by United States v. Huerta-Pimental, 445 F.3d 1220 (9th Cir. 2006), cert. denied, ___ U.S. ___, 127 S.Ct. 545, 166 L.Ed.2d 403 (2006).