United States v. Tremaine Moore

FILED
NOT FOR PUBLICATION JUN 17 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10338
Plaintiff - Appellee, D.C. No. 2:06-cr-00402-FCD
v.
MEMORANDUM *
TREMAINE MOORE,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Tremaine Moore appeals from the district court’s order revoking his
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Moore contends that the district court abused its discretion by revoking his
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
supervised release. The record reflects that the district court’s determination that
Moore violated his supervised release by possessing a firearm is supported by a
preponderance of the evidence. See 18 U.S.C. § 3583(e)(3); see also United States
v. Daniel, 209 F.3d 1091, 1094 (9th Cir. 2000).
AFFIRMED.
2 09-10338