United States v. Daniel Williams

FILED NOT FOR PUBLICATION JAN 26 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10085 Plaintiff - Appellee, D.C. No. 2:08-CR-50086-JAT v. MEMORANDUM * DANIEL WILLIAMS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Daniel Williams appeals from the district court’s order revoking his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). AK/Research Williams contends that the district court abused its discretion when it determined that he violated the conditions of his supervised release. The district court correctly concluded that Williams’ supervised release violations were established by a preponderance of the evidence. See 18 U.S.C. § 3583(e)(3); see also United States v. Verduzco, 330 F.3d 1182, 1184 (9th Cir. 2003). Williams also contends that the district court erred by denying his request to substitute counsel. The district court properly exercised its discretion when it denied the request. See United States v. Mendez-Sanchez, 563 F.3d 935, 942-43 (9th Cir. 2009). AFFIRMED. AK/Research 2 09-10085