United States v. Betsy Duranty-Moore

MEMORANDUM

Defendant Betsy Elizabeth Duranty-Moore appeals the district court’s order revoking her supervised release and sentencing her to 12 months’ imprisonment and 18 months’ supervised release. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and remand for the limited purposes of striking the drug and alcohol treatment condition from the judgment and of designating and explaining any occupational restrictions imposed.

1.The district court properly exercised its discretion to revoke Defendant’s supervised release. See United States v. Thum, 749 F.3d 1143, 1145 (9th Cir.2014) (reviewing a district court’s revocation of a term of supervised release for abuse of discretion). The government established by a preponderance of the evidence, see 18 U.S.C. § 3583 (e)(3); Johnson v. United States, 529 U.S. 694, 700 , 120 S.Ct. 1795 , 146 L.Ed.2d 727 (2000) (stating that burden of proof), that Defendant had violated the condition requiring her to submit truthful and complete monthly reports to her probation officer. It also established that Defendant was on notice .of what she was required to submit to satisfy that condition. There was no due process violation.

2. The…