Opinion
No. 07-50526.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 3, 2008.
Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Zandra L. Lopez, 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, John A. Houston, District Judge, Presiding. D.C. No. CR-03-02601-JAH.
Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Raimundo Martinez-Orosco appeals the sentence imposed upon the revocation of his supervised release. Martinez-Orosco's contention that the supervised release regime is unconstitutional and that United States v. HuertaPimental, 445 F.3d 1220 (9th Cir. 2006), has been undermined by the Supreme Court's decision in Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), is foreclosed by our decision in United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008). Huerta-Pimental remains good law after Cunningham, and the revocation of Martinez-Orosco's supervised release and resulting imposition of his sentence did not violate his constitutionally protected right. Id. AFFIRMED.