United States v. Day

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10531
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GEORGE ALLEN DAY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:94-CR-33-1-C
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January 23, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
George Allen Day appeals the revocation of his probation.
Day first argues that the district court erred in denying his
motion to continue the hearing. This argument is unavailing, as
Day does not establish that he suffered serious prejudice as a
result of the denial of his motion. United States v. Castro, 15
F.3d 417, 423 (5th Cir. 1994).
Day next argues that the district court erred in revoking
his probation, as the evidence did not support some of the
allegations against him. This argument is likewise unavailing.

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No. 00-10531
-2-
1 Because we have found sufficient evidence to support these
alleged violations, there is no need to examine the sufficiency
of the evidence underlying the other unchallenged violations.
Day does not challenge several of the probation violations with
which he was charged. There was sufficient evidence adduced to
support the alleged violations involving Day’s income from
consultation work. Because these violations were sufficiently
supported, there is no need to review Day’s contentions of error
in regards to other violations.1 United States v. Turner, 741
F.2d 696, 698 (5th Cir. 1984). The judgment of the district
court is AFFIRMED.

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