Opinion
No. 09-10277.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 21, 2010.
Stephen G. Corrigan, Assistant U.S., Office of the U.S. Attorney, Oakland, CA, for Plaintiff-Appellee.
Astarte Davis-Rice, Point Arena, CA, pro se.
Appeal from the United States District Court for the Northern District of California, D. Lowell Jensen, District Judge, Pre-siding. D.C. No. 4:02-cr-40212-DLJ.
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Astarte Davis-Rice appeals pro se from the district court's order denying her petition for early termination of supervised release pursuant to 18 U.S.C. § 3583(e). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Davis-Rice contends that the district court erred by determining that early termination of supervised release was unwarranted. We disagree. The district court properly acted within its discretion by relying upon the recommendation of the Probation Officer that Davis-Rice's conduct during supervised release was not so exceptionally good as to warrant early termination. See United States v. Miller, 205 F.3d 1098, 1101 (9th Cir. 2000); United States v. Weber, 451 F.3d 552, 557 (9th Cir. 2006) (explaining that a district court has `'significant discretion" in its decisions concerning supervised release).
We decline to consider facts and arguments raised by Davis-Rice for the first time on appeal. See United States v. Cade, 236 F.3d 463, 467 (9th Cir. 2000).