United States v. David Jacquot ( 2020 )


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  •                            NOT FOR PUBLICATION                            FILED
    UNITED STATES COURT OF APPEALS                         DEC 10 2020
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 20-50003
    Plaintiff-Appellee,              D.C. No. 3:10-cr-03256-WQH-1
    v.
    MEMORANDUM*
    DAVID C. JACQUOT,
    Defendant-Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    William Q. Hayes, District Judge, Presiding
    Submitted December 2, 2020**
    Before:      WALLACE, CLIFTON, and BRESS, Circuit Judges.
    David C. Jacquot appeals from the district court’s order denying his motion
    for transfer of his supervised release to the District of Idaho. We have jurisdiction
    under 
    28 U.S.C. § 1291
    , and we affirm.
    A district court has discretion whether to transfer to another district
    *
    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).
    jurisdiction over a person on supervised release pursuant to 
    18 U.S.C. § 3605
    . See
    United States v. Ohler, 
    22 F.3d 857
    , 858-59 (9th Cir. 1994). The district court’s
    conclusion that its familiarity with the facts of Jacquot’s case counseled against
    transfer here was not “illogical, implausible, or without support in inferences that
    may be drawn from the record.” United States v. Hinkson, 
    585 F.3d 1247
    , 1262
    (9th Cir. 2009) (en banc). Thus, the district court reasonably exercised its
    discretion to deny transfer. Moreover, Jacquot has not shown that the district
    court’s denial deprived him of access to the court; Jacquot’s assertion that he will
    not be able to litigate effectively in the Southern District of California a yet-to-be-
    filed motion for early termination of supervision is entirely speculative.
    AFFIRMED.
    2                                     20-50003
    

Document Info

Docket Number: 20-50003

Filed Date: 12/10/2020

Precedential Status: Non-Precedential

Modified Date: 12/10/2020