United States of America v. Mario Valencia-Ochoa

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARIO VALENCIA-OCHOA,
Defendant-Appellant.
No. 16-50007
D.C. No. 3:14-cr-02345-CAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Mario Valencia-Ochoa appeals from the district court’s judgment and
challenges the revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
AUG 01 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Valencia-Ochoa contends that 18 U.S.C. § 3583(e)(3), which provides that a
district court may revoke supervised release and impose a term of imprisonment
upon finding by a preponderance of the evidence that the defendant violated a
condition of supervised release, is unconstitutional under Apprendi v. New Jersey,
530 U.S. 466 (2000). As Valencia-Ochoa concedes, this claim is foreclosed. See
United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008).
AFFIRMED.
16-50007 2

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