United States of America v. Agustin Vera-Fonseca

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AGUSTIN VERA-FONSECA,
Defendant - Appellant.
No. 09-10233
D.C. No. 2:04-CR-01157-DGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Agustin Vera-Fonseca appeals from the district court’s judgment revoking
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vera-Fonseca contends the district court erred by determining that he
violated the terms of his supervised release by illegally reentering the United
FILED
JUL 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10233
States. Specifically, he contends that the evidence introduced by the government
to show that he was the same individual who was subject to the supervised release
condition and had illegally reentered was unreliable and otherwise failed to satisfy
the preponderance of the evidence standard.
The record reflects that the district court did not err by relying on a sworn
statement of a U.S. Customs and Border Protection enforcement officer as to the
circumstances of Vera-Fonseca’s arrest and the sworn testimony of Vera-Fonseca’s
probation officer. See United States v. Walker, 117 F.3d 417, 420-21 (9th Cir.
1997). Moreover, Vera-Fonseca’s contention that his identity was in dispute is
undermined by the fact that he previously appeared before and was sentenced by
the same district court judge. See United States v. Black Bear, 542 F.3d 249, 254
(9th Cir. 2008).
AFFIRMED.

-- 2 of 2 --