United States v. Graham

* 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that this opinion should not be published and is not precedent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. 02-40152
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PRESTON EUGENE GRAHAM,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CR-136-4
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October 4, 2002
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Preston Eugene Graham appeals the district court’s
revocation of his supervised release and the sentence imposed
following the revocation. Graham has not shown that the district
court abused its discretion in revoking his supervised release.
The evidence presented at the second revocation hearing supports
the district court’s determination that Graham assaulted and made
terroristic threats to his wife, Melinda Graham. The district

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No. 02-40152
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court’s credibility determinations are given deference because
Graham has not shown that Melinda Graham’s testimony is
incredible as a matter of law. See United States v. Alaniz-
Alaniz, 38 F.3d 788, 791 (5th Cir. 1994). Graham has not shown
that the district court improperly considered the allegations
made in the first revocation hearing in the revocation of his
supervised release or the sentence imposed. Graham has also
failed to show that the sentence imposed was in violation of law
or plainly unreasonable. See United States v. Giddings, 37 F.3d
1091, 1093 (5th Cir. 1994). Accordingly, the district court’s
judgment is AFFIRMED.

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