Court of Appeals for the Ninth Circuit February 13, 2003, No. 01-50678; D.C. No. CR-90-00950-JNK (United States v. Boucher)

MEMORANDUM**

Emory Joseph Boucher appeals the sentence imposed upon revocation of his term of supervised release. He contends that 18 U.S.C. § 3583, which authorizes the imposition of a term of supervised release, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This contention is foreclosed by our recent decision in United States v.