Jeremiah
United States v. Jeremiah
Opinion
Lead Opinion
MEMORANDUM *
Arthur Jeremiah (“Jeremiah”) appeals his conviction and sentence for violations of conditions of supervised release, arguing insufficiency of the evidence to sustain the revocation, abuse of discretion in requiring him to submit to drug testing and search conditions, plain error in failing to state specific reasons for his above-Guidelines sentence, and that his sentence was unreasonable. 1 We affirm.
Jeremiah’s argument that his failure to make full payments was due to “a series of miscalculations by the probation officer, who was instructing [him] on what to do” and that the probation officer should have given Jeremiah’s employers more specific instructions on the probation *669 office’s deduction policy, fails because the district court accepted Probation Officer Carter Lee’s (“Lee”) testimony that Jeremiah intentionally underreported his income in his September report and failed to make full restitution payments as a result. We cannot conclude that this factual finding is clear error. See United States v. Lomayaoma, 86 F.3d 142, 146 (9th Cir.), cert. denied, 519 U.S. 909 , 117 S.Ct. 272 , 136 L.Ed.2d 196 (1996) (factual findings at the sentencing stage are…