United States v. Bobby Rodriguez , 633 F. App'x 496 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50545
Plaintiff - Appellee, D.C. No. 3:04-cr-03002-DMS
v.
MEMORANDUM*
BOBBY RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Bobby Rodriguez appeals from the nine-month sentence imposed upon his
third revocation of supervised release. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Rodriguez contends that the district court impermissibly delegated its
judicial authority when it rejected his request for outpatient drug treatment and
deferred to the probation officer’s recommendation that Rodriguez either serve a
short sentence followed by inpatient drug treatment or a longer terminal sentence.
The case upon which Rodriguez relies, United States v. Esparza, 552 F.3d 1088(9th Cir. 2009), is inapposite. Unlike in that case, the district court here did not
impose a condition of supervised release granting the probation officer the
authority to decide whether Rodriguez would participate in inpatient or outpatient
drug treatment. Rather, the record shows that the court simply listened to the
parties’ arguments, found probation’s recommendation against outpatient treatment
persuasive, and imposed a terminal sentence in light of Rodriguez’s unwillingness
to participate in inpatient treatment. The district court did not err.
AFFIRMED.
2 15-50545