United States v. Todd Jeremy Rice

468 F. App'x 790

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 2012
• Docket: 11-30249
• Status: Unpublished

Opinion

MEMORANDUM **

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 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.

** This disposition is not appropriate for publication and is not precedent except as provid ed by 9th Cir. R. 36-3.