United States v. Smith

*661 MEMORANDUM **

Norman Hugh Smith appeals from the revocation of his supervised release based on the district court’s finding of five violations of the terms of his supervised release. The magistrate judge held an evidentiary hearing and found sufficient evidence to support five of the six proffered charges. The district judge then effectively conducted a de novo review of the record and ultimately accepted the recommendations of the magistrate, finding that the evidence showed that it was more likely than not that Smith was guilty of committing five violations of the terms of his supervised release. Smith appeals his conviction, claiming (1) general due process violations and (2) insufficient evidence to show that it was more likely than not that he had committed such violations. We affirm.

We review a district court’s decision to revoke a term of supervised release for abuse of discretion. United States v. Verduzco, 330 F.3d 1182, 1184 (9th Cir.2003). To revoke a defendant’s supervised release, 18 U.S.C. § 3583 (e)(3) dictates that the district court must find, by a preponderance of the evidence, that Smith violated a condition of supervised release. The district court’s…