United States v. Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-471 D.C. No. Plaintiff - Appellee, 3:14-cr-01287-DMS-2 v.

MEMORANDUM*

JESSIE SMITH III,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted March 28, 2025 Pasadena, California

Before: BOGGS,** FRIEDLAND, and BRESS, Circuit Judges.

Jessie Smith appeals the revocation of his supervised release, following the

district court’s determination that Smith assaulted his partner, Aviana Duncan, on

two occasions. During the revocation hearing, a San Diego police officer testified

that Duncan called 911 after the first assault, reporting an incident involving the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Danny J. Boggs, United States Circuit Judge for the Court of Appeals, 6th Circuit, sitting by designation. father of…