United States v. Michael Ryan , 591 F. App'x 595 ( 2015 )

FILED
NOT FOR PUBLICATION JAN 29 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30123
Plaintiff - Appellee, D.C. No. 1:06-cr-00073-SPW
v.
MEMORANDUM*
MICHAEL W. RYAN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Michael W. Ryan appeals pro se the district court’s denial of his motion to
terminate early his supervised release. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
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).
Ryan contends that the district court abused its discretion in denying his
motion to terminate his supervised release by failing to use the correct legal
standard and by improperly relying on the allegedly harsh sentence he received for
the underlying offense. Contrary to Ryan’s contention, the district court properly
identified the relevant 18 U.S.C. § 3553(a) factors, considered Ryan’s arguments,
and applied the correct legal standard in determining that early termination of
supervised release was not warranted by his conduct and the interest of justice. See
18 U.S.C. § 3583(e)(1); United States v. Emmett, 749 F.3d 817, 819 (9th Cir.
2014).
Ryan also alleges that the district court improperly denied early termination
of supervised release based on out-of-court communications with the sentencing
judge. Ryan’s allegation has no support in the record.
Ryan’s motion to enlarge the record on appeal, or, in the alternative, for
judicial notice is DENIED.
AFFIRMED.
2 14-30123