FILED
NOT FOR PUBLICATION JUL 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10233
Plaintiff - Appellee, D.C. No. 2:04-CR-01157-DGC
v.
MEMORANDUM *
AGUSTIN VERA-FONSECA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Agustin Vera-Fonseca appeals from the district court’s judgment revoking
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vera-Fonseca contends the district court erred by determining that he
violated the terms of his supervised release by illegally reentering the United
*
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).
States. Specifically, he contends that the evidence introduced by the government
to show that he was the same individual who was subject to the supervised release
condition and had illegally reentered was unreliable and otherwise failed to satisfy
the preponderance of the evidence standard.
The record reflects that the district court did not err by relying on a sworn
statement of a U.S. Customs and Border Protection enforcement officer as to the
circumstances of Vera-Fonseca’s arrest and the sworn testimony of Vera-Fonseca’s
probation officer. See United States v. Walker, 117 F.3d 417, 420-21 (9th Cir.
1997). Moreover, Vera-Fonseca’s contention that his identity was in dispute is
undermined by the fact that he previously appeared before and was sentenced by
the same district court judge. See United States v. Black Bear, 542 F.3d 249, 254
(9th Cir. 2008).
AFFIRMED.
09-10233