22 F. App'x 908

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee WAINWRIGHT, Defendant-Appellant.

No. 01-30084.

D.C. No. CR-98-00050-RSL.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 17, 2001.*

Decided Dec. 28, 2001.

Before SCHROEDER, Chief Judge, TROTT, and PAEZ, Circuit Judges.

MEMORANDUM **

Richard Lee Wainwright appeals the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

Wainwright contends the district court erred by revoking his supervised release because there was no evidence that he violated the terms of his release. We review the district court’s decision to revoke a term of supervised release for an abuse of discretion. See United States v. Schmidt, 99 F.3d 315, 319-20 (9th Cir. 1996), overruled on other grounds by United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999).

Wainwright’s contention is without merit. At the revocation hearing, evidence *909was presented that there was a struggle between Wainwright and his ex-girlfriend, and that his ex-girlfriend sustained some injuries. Because there was evidence that Wainwright committed an assault, the district court did not abuse its discretion by revoking Wainwright’s supervised release.1 See Schmidt, 99 F.3d at 320 (noting violation of supervised release may be found by only by a preponderance of the evidence); Washington v. Bland, 71 Wash.App. 345, 860 P.2d 1046, 1050-51 (Wash.Ct.App. 1993); Wash. Rev.Code § 9A.36.041(1) (2001).

AFFIRMED.

United States v. Wainwright
22 F. App'x 908

Case Details

Name
United States v. Wainwright
Decision Date
Dec 28, 2001
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22 F. App'x 908

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United States

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