United States of America v. Royal Gene Jones

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROYAL GENE JONES,
Defendant - Appellant.
No. 13-30173
D.C. No. 4:06-cr-00089-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Royal Gene Jones appeals from the district court’s order denying his motion
to modify his conditions of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
FEB 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Jones argues that the district court erred by failing to consider the goals of
18 U.S.C. § 3624(c) when it denied his motion seeking permission to reside in
Wyoming while on supervised release, which the district court construed as a
motion for transfer of jurisdiction over his supervised release under 18 U.S.C.
§ 3605. This argument is unpersuasive. By its own terms, section 3624(c) applies
to prerelease custody, not supervised release. See 18 U.S.C. § 3624(c)(1).
Moreover, because the District of Wyoming did not accept jurisdiction over Jones,
the district court properly concluded that he did not satisfy the statutory
requirements of section 3605. See United States v. Ohler, 22 F.3d 857, 858-59 (9th
Cir. 1994).
AFFIRMED.
13-30173 2

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