MacPhail

MEMORANDUM **

Giovanni MacPhail appeals the revocation of his supervised release. The magistrate court found probable cause that MacPhail had violated a supervised release condition requiring him to notify his probation officer if he was questioned by a law enforcement officer. After a contested evidentiary hearing, the district court concluded that MacPhail had violated the condition and revoked his supervised release. The only issue before this Court is whether the magistrate court had sufficient evidence to support its probable cause finding. We affirm.

On appeal from a revocation of supervised release, this Court views the evidence in the light most favorable to the government. United States v. Jeremiah, 493 F.3d 1042, 1045 (9th Cir.2007). This Court’s duty is “simply to ensure that the magistrate had a ‘substantial basis for ... concluding]’ that probable cause existed.” Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (citation omitted).

MacPhail was pulled over by a highway patrol officer and issued a speeding ticket while subject to the supervised release condition. MacPhail did not report the traffic stop and speeding ticket to his…