United States v. Rocha

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 2, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50699
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RENE ROCHA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-03-CR-168-01-SS
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Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Rene Rocha appeals the district court’s revocation of his
supervised release. Rocha argues that the reason that the
district court revoked his supervised release was that he had
allegedly committed child abuse and that, because that allegation
had not been proven, the order revoking his supervised release
must be revoked.
There was ample evidence submitted at the revocation hearing
to support the court’s finding that Rocha had used alcohol after

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No. 03-50699
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the prohibition on the consumption of alcohol had been made a
term of his supervised release, and Rocha admits as much in his
brief. Although the district court allowed the Government to put
on witness testimony that included discussion of Rocha’s alleged
child abuse while under the influence of alcohol, the record
reflects that the district court based its order of revocation on
the fact that Rocha violated the terms of his supervised release
by drinking alcohol.
Consequently, Rocha has not shown that the district court
abused its discretion in revoking his supervised release. United
States v. McCormick, 54 F.3d 214, 219 (5th Cir. 1995). The
district court’s judgment is AFFIRMED.

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