Morgan

MEMORANDUM **

Melvin Casimera Morgan appeals the district court’s revocation of his probation. He contends (1) the district court violated Fed.R.Crim.P. 32.1 by failing to give notice of and hold a prompt preliminary hearing; (2) the district court erred by refusing to dismiss the revocation petition for containing duplicitous allegations; and (3) the district court’s admission into evidence of Morgan’s probation file denied him his right to confront adverse witnesses.

The district court did not err by failing to hold a preliminary healing because the August 8, 2000 hearing before the magistrate judge satisfied the requirements of Rule 32.1. At this hearing, Morgan was represented by counsel, who indicated he and Morgan had reviewed the revocation petition. Morgan did not attempt to present any evidence on his own behalf, nor did he object to the government’s failure to present any at that time. By setting a final revocation hearing, the magistrate judge implicitly determined *649 probable cause existed to hold Morgan for that hearing. Additionally, Morgan has failed to demonstrate any prejudice relating to the allegedly defective preliminary hearing. See Standlee v. Rhay, 557…