FILED
NOT FOR PUBLICATION OCT 15 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10020
Plaintiff - Appellee, D.C. No. 2:03-cr-00495-PMP-RJJ-
1
v.
FREDERICK ANDREW JONES, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, Senior District Judge, Presiding
Argued and Submitted October 9, 2013
San Francisco, California
Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges.
Frederick Jones appeals the district court’s judgment revoking his
supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18
U.S.C. § 3742(a)(1).
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
The district court did not abuse its discretion in concluding that Jones
violated a condition of his supervised release by committing a battery in violation
of Nev. Rev. Stat. § 33.018. The testimony from the victim and the probation
officer, taken in the light most favorable to the government, established by a
preponderance of the evidence that Jones’ conduct constituted a “willful and
unlawful use of force or violence upon the person of another.” Id. § 200.481(1)(a);
see also United States v. King, 608 F.3d 1122, 1129 (9th Cir. 2010). The petition
for revocation provided Jones with sufficient notice of the charge against him.
Fed. R. Crim. P. 32.1(b)(2).
AFFIRMED.
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