[T][U] United States v. Vasquez

MEMORANDUM* Nolberto Vasquez appeals the district court's order revoking his supervised release in CR-88-0932-B, bank robbery, imposing an 11 month custodial term, and recommencing his supervised release term in CR-89-1165-B, bail jumping, following his release on the 11 month bank robbery term. He contends that, upon revocation of his supervised release, the district court imposed both a term of incarceration and a term of supervised release, which is prohibited in this Circuit. United States v. Behnezhad, 907 F.2d 896 (9th Cir. 1990). See also 18 U.S.C. §§ 3583(e)(2) and (3). We have jurisdiction under 28 U.S.C. § 1291. We review the legality of a sentence and the district court's interpretation and application of the Sentencing Guidelines de novo. United States v. Mullins, 992 F.2d 1472, 1478-79 (9th Cir.), cert. denied, 114 S. Ct. (1993).