United States v. Jermaine Gore

MEMORANDUM

Jermaine Laron Gore appeals from the district court’s judgment and challenges the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gore contends that the district court erred by finding that he violated a condition of supervised release barring unapproved contact with “any person convicted of a felony.” In particular, he argues that (1) there was insufficient evidence that he was in phone .contact with his cousin, a convicted felon, and (2) the district court violated his constitutional rights by applying the condition to a family member. We review a district court’s decision to revoke supervised release for abuse of discretion, see United States v. Perez, 526 F.3d 543, 547 (9th Cir.2008), and Gore’s constitutional challenge for plain error, see United States v. Wolf Child, 699 F.3d 1082, 1094-95 (9th Cir.2012). Viewing the evidence in the light most favorable to the government, the district court did not err in determining that Gore was in phone contact with his cousin because the cousin’s phone log displayed numerous outgoing and incoming phone calls to and from Gore’s phone over multiple…