Court of Appeals for the Ninth Circuit December 16, 2003, No. 03-50123; D.C. No. CR-98-02979-GT (United States v. Rodarte-Soto)

MEMORANDUM**

Federal prisoner Jorge Rodarte-Soto appeals the sentence imposed upon revocation of his term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.

Rodarte-Soto contends that 18 U.S.C. § 3583, which authorizes the imposition of a term of supervised release, is unconstitutional as applied under Apprendi v. New Jersey, 530 U.S.