United States v. Gerald Duane Stark

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald Duane STARK, Defendant-Appellant. No. 94-30267. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Gerald Duane Stark appeals the district court's revocation of his supervised release for violating the conditions of his release by consuming alcohol. Stark contends there was insufficient evidence to support a finding that he violated the terms of his supervised release, and that revocation of his supervised release constituted cruel and unusual punishment. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The district court may revoke a defendant's term of supervised release and sentence a defendant to a term of incarceration if it finds by a preponderance of the evidence that the defendant violated a term of supervised release.…