Wainwright

United States v. Wainwright

Good Law
22 F. App'x 908
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-30084; D.C. No. CR-98-00050-RSLCalifornia285 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Lee Wainwright appeals the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Wainwright contends the district court erred by revoking his supervised release because there was no evidence that he violated the terms of his release. We review the district court’s decision to revoke a term of supervised release for an abuse of discretion. See United States v. Schmidt, 99 F.3d 315, 319-20 (9th Cir. 1996), overruled on other grounds by United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999).

Wainwright’s contention is without merit. At the revocation hearing, evidence *909 was presented that there was a struggle between Wainwright and his ex-girlfriend, and that his ex-girlfriend sustained some injuries. Because there was evidence that Wainwright committed an assault, the district court did not abuse its discretion by revoking Wainwright’s supervised release. 1 See Schmidt, 99 F.3d at 320 (noting violation of supervised release may be found by only by a preponderance of the evidence); Washington v. Bland, 71 Wash.App. 345 , 860 P.2d 1046, 1050-51 (Wash.Ct.App. 1993); Wash. Rev.Code § 9A.36.041(1)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.