United States of America v. Todd Jeremy Rice

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TODD JEREMY RICE,
Defendant - Appellant.
No. 11-30249
D.C. No. 6:07-cr-00012-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Todd Jeremy Rice appeals from the district court’s judgment revoking his
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rice contends that the district court abused its discretion when it determined
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-30249 2
that he violated the terms of his supervised release. Specifically, Rice contends
that there was insufficient evidence to show that he violated supervised release by
(1) illegally possessing a controlled substance, and (2) failing to report for drug
testing. The record reflects that the government proved the violations by a
preponderance of the evidence. See United States v. Turner, 312 F.3d 1137, 1142
(9th Cir. 2002). Accordingly, the district court did not abuse its discretion when it
revoked Rice’s supervised release. See United States v. Daniel, 209 F.3d 1091,
1094 (9th Cir. 2000).
AFFIRMED.

-- 2 of 2 --