United States of America v. Anthony Charles Gray

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY CHARLES GRAY,
Defendant - Appellant.
No. 23-1255
D.C. No.
3:17-cr-00054-HDM-CLB-1
MEMORANDUM*
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.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 29 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 23-1255
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 of 2 --