United States v. Richard W. Bogard

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard W. BOGARD, Defendant-Appellant. No. 94-30435. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Richard W. Bogard appeals the district court's revocation of his probation for failure to comply with a condition of probation. Bogard was convicted following a court trial of four counts of attempted income tax evasion in violation of 26 U.S.C. Sec. 7201 . Bogard contends that his right to due process was violated because he did not receive fair and clear notice of what conduct was required of him to avoid revocation. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The decision to revoke probation is reviewed for an abuse of discretion. United States v. Laughlin, 933 F.2d 786, 788 (9th Cir.1991). A formal condition of probation…