United States v. Nowden

104 F. App'x 432
Court of Appeals for the Fifth Circuit·Decided August 17, 2004·No. 04-10605·Unpublished

Opinion

PER CURIAM: *

In this expedited appeal, Charles Cleveland Nowden challenges the district court’s decision to revoke his supervised release. Nowden argues that the evidence was insufficient to establish that he violated the terms of supervised release. He challenges the credibility determinations made by the district court.

This court will not disturb the district court’s credibility determinations on appeal. See United States v. Alaniz-Alaniz, 38 F.3d 788, 790 (5th Cir.1994). The testimony offered by the probation officer was sufficient to establish by a preponderance of the evidence that Nowden violated the terms of supervised release. See 18 U.S.C. § 3583(e)(3); United States v. McCormick, 54 F.3d 214, 219 (5th Cir.1995). Accordingly, the judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined, that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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United States v. Nowden, 104 F. App'x 432 (5th Cir. 2004).

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