United States of America v. Tremaine Moore

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREMAINE MOORE,
Defendant - Appellant.
No. 09-10338
D.C. No. 2:06-cr-00402-FCD
MEMORANDUM *
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
FILED
JUN 17 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.

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