United States v. Cindy Escobedo
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Marilyn L. Huff (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50135 Plaintiff-Appellee, D.C. No. 3:16-cr-00538-H-1 v. MEMORANDUM* CINDY ESCOBEDO, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Submitted March 16, 2021** Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
Cindy Escobedo appeals from the district court’s judgment revoking supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Escobedo contends that the district court imposed an impermissibly vague condition of supervised release when it stated during the sentencing hearing that * 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). Escobedo was required to refrain from “things that could be perceived as alien smuggling activities.” When viewed in context, it is apparent that the district court’s statement did not amount to a new condition of supervised release. At most, the oral pronouncement was ambiguous as to whether the court intended to impose an additional condition of supervised release. However, the written judgment, which does not include any such supervised release condition, demonstrates that the court did not intend to impose an additional condition.
AFFIRMED.
2 19-50135