United States v. Benjamin X

MEMORANDUM **

Benjamin X 1 appeals the district court’s order revoking his supervised release upon finding a violation of the condition of his release that he make monthly written reports to his probation officer. A district court’s decision to revoke a term of supervised release is reviewed for abuse of discretion. United States v. Daniel, 209 F.3d 1091, 1094 (9th Cir.2000). The district court’s factual findings at the sentencing phase, including a supervised release revocation hearing, are reviewed for clear error. United States v. Lomayaoma, 86 F.3d 142, 146 (9th Cir.1996).

It is clear that Benjamin X violated the conditions of his release when he failed to report to his probation officer after the DEA terminated him as a confidential informant. The combined statements of his probation officer, who told Benjamin X before he began cooperating with the DEA that he was to begin reporting when he was finished working with the DEA, and the statements of the DEA agent, advising him that his services were no longer needed, gave Benjamin X legally sufficient notice that the reporting condition of his supervised release was reinstated.

The district court did not err when it…