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U.S. v. Fajardo

United States Court of Appeals, Ninth Circuit.Page 696
Sep 12, 2008
292 F. App'x 695 (9th Cir. 2008)

Opinion

No. 07-50515.

Submitted September 8, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed September 12, 2008.

United States Attorney, USSD — Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Kris J. Kraus, Esq., FDSD — 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, Jeffrey T. Miller, District Judge, Presiding. D.C. No. CR-01-01502-JTM.

Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Dora Fajardo appeals the revocation of her supervised release and the sentence imposed upon revocation. Fajardo contends that the procedures by which her supervised release was revoked are unconstitutional. Fajardo argues that the Supreme Court's decision in Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), called into question the constitutionality of the revocation procedures, and undermined this court's holding in United States v. Huerta-Pimental, 445 F.3d 1220 (9th Cir.), cert. denied, 549 U.S. 1014, 127 S.Ct. 545, 166 L.Ed.2d 403 (2006).

As Fajardo concedes in her reply brief, her contention is foreclosed by this court's recent decision in United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008) ("nothing in Cunningham calls into question the continuing authority of Huerta-Pimental. Cunningham does not affect the validity of § 3583's procedure for revocation of supervised release.")

AFFIRMED.


Summaries of

U.S. v. Fajardo

United States Court of Appeals, Ninth Circuit.Page 696
Sep 12, 2008
292 F. App'x 695 (9th Cir. 2008)
Case details for

U.S. v. Fajardo

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Dora FAJARDO…

Court:United States Court of Appeals, Ninth Circuit.Page 696

Date published: Sep 12, 2008

Citations

292 F. App'x 695 (9th Cir. 2008)