United States v. Gray

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 29 2024

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1255

D.C. No. Plaintiff - Appellee, 3:17-cr-00054-HDM-CLB-1 v.

MEMORANDUM* ANTHONY CHARLES GRAY,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding Submitted February 21, 2024**

Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges.

Anthony Charles Gray appeals from the district court’s order denying his motion for early termination of supervised release under 18 U.S.C. § 3583(e)(1). We have jurisdiction under 28 U.S.C. § 1291. Reviewing for abuse of discretion, see United States v. Emmett, 749 F.3d 817, 819 (9th Cir. 2014), we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Gray contends that the district court failed to explain its decision or address Gray’s argument that his good performance on supervision justified early termination of supervised release. The record reflects that the district court considered Gray’s argument and sufficiently explained its determination that early termination of supervision was nonetheless unwarranted in light of the nature of Gray’s offense and his serious, violent criminal history. See Emmett, 749 F.3d at 820-22. The court did not abuse its broad discretion. See 18 U.S.C. § 3583(e)(1); Emmett, 749 F.3d at 819.

AFFIRMED.

2 23-1255