Rivers

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 1 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 23-1110 Plaintiff-Appellee, D.C. No. 2:11-cr-00005-JCM-LRL-1 v.

MEMORANDUM*

MICHAEL LAMAR RIVERS,

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted March 5, 2024 Las Vegas, Nevada Before: M. SMITH, BENNETT, and COLLINS, Circuit Judges. Defendant Michael Rivers appeals the district court’s denial of his motion

under 18 U.S.C. § 3583(e)(1) for early termination of supervised release. We have

jurisdiction under 28 U.S.C. § 1291. Reviewing the district court’s decision for

abuse of discretion, United States v. Ponce, 22 F.4th 1045, 1046 (9th Cir. 2022),

we affirm.

Under § 3583(e)(1), a district court “may, after considering the factors set

forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and

(a)(7),” “terminate a term of supervised release . . . if it is…