Magracia-Taylor

MEMORANDUM **

Annalie Magracia-Taylor appeals the district court’s revocation of her term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for abuse of discretion the revocation of a term of supervised release. United States v. Daniel, 209 F.3d 1091, 1094 (9th Cir.2000). Alleged due process violations at a revocation proceeding are reviewed for harmless error. Id.

First, because a preponderance of the evidence supports the district court’s finding that Taylor committed forgery in violation of CalPenal Code § 475(b), we hold that the district court’s confusion over the applicable evidentiary standard was harmless error. Taylor’s guilty plea to violating CalPenal Code § 496(a) establishes the first two elements of § 475(b). Intent to defraud, the third element of § 475(b), can be inferred from: 1) Taylor’s testimony that she was Chang’s caregiver; 2) Taylor’s proximity to Chang’s checks at the time of arrest; and 3) Taylor’s admission that she received and withheld Chang’s property knowing it was stolen. Additionally, this inference is supported by the district court’s appropriate disbelief of Taylor’s testimony that she did not…