UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JARRETT CHARLES HOLMES,

Defendant - Appellant.	No. 02-6053

(D.C. No. 01-MD-319-M)

(W.D. Oklahoma)

ORDER AND JUDGMENT*

Before EBEL, LUCERO, and O'BRIEN, Circuit Judges.

Jarrett Charles Holmes appeals from the district court's order revoking supervised release. Holmes argues that the evidence that he had violated conditions of his supervised release was insufficient to support revocation. We affirm.

Although Holmes, through counsel, challenges the sufficiency of the evidence to support revocation of his supervised release, he has failed to include in the record on appeal a copy of the transcript of the hearing at which this evidence was presented. It is well-settled law in this circuit that we will not consider a challenge to the sufficiency of the evidence unless the appellant has included the transcript of the relevant proceedings. E.g., United States v. Vasquez, 985 F.2d 491, 494-95 (10th Cir. 1993) (failure to include trial transcript results in waiver of challenge to sufficiency of the evidence). Because Holmes's sole challenge to the revocation of his sentence has been waived, the district court's order must be affirmed.1

Accordingly, the decision below is AFFIRMED.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge