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U.S. v. HUERTA-PIMENTAL

No. 04-50037.

445 F.3d 1220 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Lazaro HUERTA-PIMENTAL, aka Jose Huerta, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2006.

Attorney(s) appearing for the Case

Angela M. Krueger, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Joseph H. Huynh, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before PREGERSON, TASHIMA, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

Huerta-Pimental appeals the revocation of his term of supervised release and the subsequent imposition of additional imprisonment for violating the conditions of release. Specifically, Huerta-Pimental asserts that the district court lacked jurisdiction to revoke his term of supervised release and to impose a new term of imprisonment because the original imposition of supervised release as a part of his sentence was unconstitutional under Apprendi...

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