Whitecloud

MEMORANDUM * and ORDER

Russel Whitecloud 1 (“Whitecloud”) appeals from the order sentencing him to serve twenty-four months in prison following the revocation of his supervised release. We affirm because we conclude that the Government proved by a preponderance of the evidence that Whitecloud violated the terms of his supervised release. The parties are familiar with the facts; thus, the facts are not restated herein except as necessary to explain our judgment.

To revoke supervised release, a district court must find by a preponderance of the evidence that the defendant violated the terms of his supervised release. 18 U.S.C. § 3583 (e)(3) (2003). This court reviews a district court’s decision to revoke supervised release for abuse of discretion. United States v. Turner, 312 F.3d 1137, 1142 (9th Cir.2002). Because the issues presented in this appeal are questions of law, this court’s review is de novo. Id. See Koon v. United States, 518 U.S. 81, 100 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996) (noting that a district court necessarily abuses its discretion when it makes an error of law).

The district court found that Whitecloud violated the terms of his supervised release by (1)…