Court of Appeals for the Ninth Circuit June 12, 2007, No. 06-30616 (United States v. Perez-Figueroa)

MEMORANDUM **

Appellant challenges his sentence of twelve months imposed upon revocation of supervised release. He contends that 18 U.S.C § 3583(e) and Federal Rule of Criminal Procedure 32.1(b)(2) are unconstitutional because they permit punishment for a supervised release violation without a jury verdict in violation of the Sixth Amendment holdings in United States v. Booker, 543 U.S.