United States v. Edward Vyhie Avakian, Jr.

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Edward Vyhie AVAKIAN, Jr., Defendant-Appellant. No. 92-10269. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1992. Decided Dec. 2, 1992. Before SCHROEDER, WILLIAM A. NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Edward Avakian, Jr. appeals the district court's revocation of his probation and the imposition of a one year term of imprisonment. The district court found that Avakian violated a mandatory condition of probation that requires a defendant "not possess illegal controlled substances." See 18 U.S.C. § 3563 (a)(3). The district court determined that Avakian violated this provision by testing positive for methamphetamine and cocaine five times. 3 Avakian contends that the district court erred when it found drug use sufficient to revoke probation under the provision's prohibition of drug possession. This court has…