Opinion
No. 07-30453.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 2, 2008.
Timothy J. Racicot, Esq., Office of the U.S. Attorney, Missoula, MT, for Plaintiff-Appellee.
John P. Rhodes, Esq., Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. CR-05-00028-DWM-2.
Before: GRABER, FISHER, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Paul Crawford appeals the sentence imposed upon revocation of his supervised release. He contends that the district court's judicial fact findings in support of the revocation sentence violated the Sixth Amendment. As Crawford acknowledges, this contention is foreclosed by United States v. Huerta-Pimental, 445 F.3d 1220 (9th Cir.), cert. denied, ___ U.S. ___, 127 S.Ct. 545, 166 L.Ed.2d 403 (2006).