GRABER, Circuit Judge:
Defendant Rodolfo Gavilanes-Ocaranza pleaded guilty to being a removed alien found in the United States, a violation of the terms of his federal supervised release. The district court revoked Defendant's supervised release and sentenced him to an additional 12 months' imprisonment. Defendant raises several constitutional and other challenges to that sentence. In this published opinion, we address only his Sixth Amendment claims. We address his other arguments in an unpublished memorandum disposition filed concurrently with this opinion.
Because Defendant did not raise his Sixth Amendment objections before the district court, we review for plain error, United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc), and we affirm. We hold that the revocation of supervised release and the imposition of additional prison time do not violate the Sixth Amendment's guarantee of a speedy trial, even when the revocation and sentencing take place years after the original conviction. We also hold that Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), does not affect the validity of our determination in United States v. Huerta-Pimental, 445 F.3d 1220, 1224 (9th Cir.2006), that the revocation of supervised release and the imposition of additional prison time pursuant to 18 U.S.C. § 3583 do not violate the Sixth Amendment right to trial by jury.
In 2009, Defendant pleaded guilty to attempted reentry after removal, in violation of 8 U.S.C. § 1326. The district court sentenced him to 33 months' imprisonment and three years' supervised release. As a condition of his supervised release, Defendant agreed that, "[i]f deported, excluded, or allowed to voluntarily return to [his] country of origin," he would "[n]ot reenter the United States illegally." He also agreed not to "commit another federal, state or local crime."
In 2012, Defendant pleaded guilty to being a removed alien in the United States, in violation of 8 U.S.C. § 1326. A different district court sentenced him to 46
As a preliminary matter, Defendant argues that Supreme Court and Ninth Circuit precedent on revocation of probation and parole does not apply to revocation of supervised release, because parolees and probationers are still serving their sentences, while supervised releasees are not. In the present context, though, there is no material distinction between revocation of parole or probation and revocation of supervised release. District courts are authorized to include "as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment." 18 U.S.C. § 3583(a) (emphasis added). Moreover,
United States v. Paskow, 11 F.3d 873, 881 (9th Cir.1993) (footnote omitted). In Paskow, we held that parole and supervised release are the same for the purposes of an ex post facto analysis. Id. Relying on Paskow, we also have held that revocations of parole, probation, and supervised release are the same for double jeopardy purposes, because they all constitute punishment for the underlying crime. United States v. Soto-Olivas, 44 F.3d 788, 791 (9th Cir.1995).
The similarities between revocation of parole or probation and revocation of supervised release are equally salient in the Sixth Amendment context. The Sixth Amendment applies only to "criminal prosecutions." U.S. Const. amend. VI. The revocation of supervised release is not a criminal prosecution for Sixth Amendment purposes, because the violation "simply triggers the execution of the conditions of the original sentence." Paskow, 11 F.3d at 881. We therefore conclude that revocation of supervised release, revocation of parole, and revocation of probation must be analyzed the same way when we consider Sixth Amendment speedy trial and trial by jury claims.
There is no Sixth Amendment right to a speedy trial in supervised release revocation proceedings, because those proceedings are not part of a criminal prosecution and thus the "full panoply of rights due a defendant in such a proceeding does not apply." United States v. Hall, 419 F.3d 980, 985 (9th Cir.2005) (internal quotation marks omitted). A defendant does have a right to a reasonably prompt hearing on revocation of supervised release, but that right is rooted in the Fifth Amendment's Due Process Clause, not in the Sixth Amendment's Speedy Trial Clause. United States v. Santana, 526 F.3d 1257, 1259 (9th Cir. 2008).
Defendant does not challenge any purported delay in holding the revocation hearing; indeed, the hearing was held promptly after the violation occurred. Instead, he argues that the revocation proceedings are an extension of the original criminal prosecution for his 2009 violation of federal law and that the four-year gap between the 2009 offense and the revocation hearing violates his right to a speedy trial.
We have held that the supervised release system under 18 U.S.C. § 3583, including revocation of that release and imposition of additional prison time as a result of a violation of a term of the release, does not violate a defendant's right to trial by jury. Huerta-Pimental, 445 F.3d at 1224. Defendant contends that Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), effectively overruled Huerta-Pimental, We disagree.
In Alleyne, 133 S.Ct. at 2155, the Supreme Court relied on its decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and held that the Sixth Amendment guarantees the right to have any fact that increases a statutory minimum sentence proved to a jury beyond a reasonable doubt. Thus, Alleyne deals with the imposition of a sentence in the first instance after a criminal conviction; it says nothing about the imposition of additional prison time after a violation of supervised release. Alleyne therefore does not affect the validity
We hold that, after Alleyne, Huerta-Pimental remains good law. We reaffirm that the revocation of supervised release and the imposition of additional prison time pursuant to 18 U.S.C. § 3583 do not violate a defendant's right to trial by jury.