UNITED STATES v. ESCOBEDO (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Cindy ESCOBEDO, Defendant-Appellant.

No. 19-50135

Decided: March 23, 2021

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

P. Kevin Mokhtari, Attorney, David Chu, ASUSAT, Daniel Earl Zipp, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff - Appellee David Annicchiarico, Law Office of David L. Annicchiarico, San Francisco, CA, for Defendant - Appellant

MEMORANDUM **

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 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.

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