United States v. Gordon Henry Rice

85 F.3d 639 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gordon Henry RICE, Defendant-Appellant. No. 95-10153. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Gordon Henry Rice appeals pro se the district court order denying his motion to modify the conditions of his supervised release under Fed.R.Crim.P. 32.1. We upheld Rice's sentence, including restitution, in United States v. Rice, No. 90-10361, 991 WL 80344 (9th Cir. May 16, 1991), cert. denied, 502 U.S. 428 (1991). We have jurisdiction pursuant to 18 U.S.C. § 1291 , and affirm. 1 3 Rice, prior to his release from prison, requested that the district court either defer his restitution payments for one year or strike the restitution condition from his supervised release. Prior to his incarceration, Rice had been employed as a brick mason, truck…