UNITED STATES of America, Plaintiff-Appellee, v. George VERKLER, Defendant-Appellant.
Decided: December 09, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Francis Franze-Nakamura, Esquire, Assistant U.S. Attorney, Helen J. Brunner, Esquire, Assistant U.S. Attorney, DOJ-Office of the U.S. Attorney, Seattle, WA, for Plaintiff - Appellee George Verkler, Pro Se
George Verkler appeals from the district court's order denying his motion for early termination of supervised release under 18 U.S.C. § 3583(e)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not abuse its broad discretion in concluding that early termination of supervised release was not in the interest of justice. See 18 U.S.C. § 3583(e)(1); United States v. Emmett, 749 F.3d 817, 819 (9th Cir. 2014). The record supports the district court's conclusion that Verkler failed to accept responsibility for his offense or make meaningful efforts towards restitution payments and employment, and the court properly relied on these factors as reasons to continue supervision. See 18 U.S.C. § 3583(e). Further, the district court did not err by failing to hold a hearing on the motion. Verkler did not request a hearing in the district court and he has not identified on appeal any information he would have provided at a hearing that he did not provide in his written motion. See United States v. Weber, 451 F.3d 552, 559 n.9 (9th Cir. 2006) (it is the defendant's burden to demonstrate that early termination is justified).
The motion of appellant's appointed counsel, Harry Williams IV, Esq., to be relieved as counsel of record is granted.
Appellant's pro se request for an effective attorney is treated as a motion for appointment of substitute counsel. So treated, the motion is denied because nothing in Verkler's motion, or in the pro se briefs he provided this court, warrants appointing counsel.
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