U.S. v. MENDIOLA

No. 11-2209.

696 F.3d 1033 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Ray MENDIOLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 12, 2012.


Attorney(s) appearing for the Case

Dennis J. Candelaria , Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Jennifer M. Rozzoni , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, and David N. Williams, Assistant United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, McKAY and GORSUCH, Circuit Judges.


BRISCOE, Chief Judge.

Defendant Joseph Mendiola appeals from the district court's imposition of a two-year term of imprisonment following revocation of his supervised release. Mendiola argues that, in light of the Supreme Court's recent decision in Tapia v. United States, ___ U.S. ___, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011), the district court committed plain error in basing the length of the revocation sentence on Mendiola...

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