IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60694
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARGARET BOYCE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:94-CR-23-2BrB
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August 20, 1998
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
DISCUSSION:
Margaret Boyce asserts that the district court abused its
discretion in revoking her probation. See United States v. King,
990 F.2d 190, 193 (5th Cir. 1993). Boyce’s appeal is grounded in
her assertion that she is unable to pay restitution and that the
district court’s contrary conclusion is not supported by the
record. To revoke probation, "[a]ll that is required is that the
evidence and facts reasonably satisfy the judge that the conduct of
the probationer has not been as good as required." United States
1
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that this opinion should not be published and is not precedent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.
v. Feinberg, 631 F.2d 388, 391 (5th Cir. 1980) (internal quotation
and citation omitted). Boyce has not presented the clear evidence
required to reverse the district court's judgment as an abuse of
discretion. United States v. Ramirez, 675 F.2d 707, 709 (5th Cir.
1982).
The revocation order shows that probation was also revoked
because Boyce did not perform her 200 hours of community service.
Boyce challenges this finding on appeal. We need not address the
issue as the revocation is supported by Boyce’s failure to pay
restitution. "Where there is an adequate basis for the district
court's discretionary action of revoking probation, the reviewing
court need not decide a claim of error as to other grounds that had
been advanced as a cause for revocation." United States v. Turner,
741 F.2d 696, 698 (5th Cir. 1984).
AFFIRMED.