Court of Appeals for the Ninth Circuit May 19, 2004, No. 03-50302; D.C. No. CR-98-03520-BTM (United States v. Rivas)

MEMORANDUM**

Eric Rivas 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.

Rivas contends that 18 U.S.C. § 3583, which authorizes the imposition of a term of supervised release, is unconstitutional facially, and as applied, under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct.