United States of America v. Mark Steven Elk Shoulder

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NOT FOR PUBLICATION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.
MARK STEVEN ELK SHOULDER,
Defendant - Appellant.
No. 12-30168
D.C. No. 1:09-cr-00023-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Mark Stevens Elk Shoulder appeals from the district court’s judgment
revoking his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
DEC 31 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30168 2
Elk Shoulder contends that the district court abused its discretion when it
revoked his supervised release for violating the condition of supervised release
prohibiting him from being in the company of a child under the age of 18.
Contrary to Elk Shoulder’s contention, the record supports the conclusion that his
contact with the child was not incidental or unknowing. The district court did not
abuse its discretion in finding by a preponderance of the evidence that Elk
Shoulder violated a condition of his supervised release. See United States v. Perez,
526 F.3d 543, 547 (9th Cir. 2008).
AFFIRMED.

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