IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41479
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENRY DEWAYNE TAYLOR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:97-CR-5-11
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September 16, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Henry Dewayne Taylor appeals the revocation of his
supervised release pursuant to 18 U.S.C. § 3583(g). Taylor
argues that the district court abused its discretion in finding
that he violated the terms of his supervised release by
committing a crime. He notes that the charge that he willfully
injured a child was dismissed by a Missouri court.
It is a mandatory condition of supervised release that the
defendant not commit another federal, state, or local crime. See
*
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that this opinion should not be published and is not precedent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.
No. 01-41479
-2-
U.S.S.G. § 7B1.1, comment (n.1). “A violation of this condition
may be charged whether or not the defendant has been the subject
of a separate federal, state, or local prosecution for such
conduct.” Id. In view of the considerable evidence that Taylor
engaged in conduct constituting the offense of abuse of a child,
we cannot say the district court’s determination was an abuse of
discretion. See 18 U.S.C. § 3583(e); United States v. McCormick,
54 F.3d 214, 219 (5th Cir. 1995).
We have no occasion to consider Taylor’s argument that the
district court abused its discretion by finding that he violated
the terms of his supervised release by failing to contact his
probation officer in a timely manner following his arrest. The
judgment of the district court is AFFIRMED.