United States v. Wiggins ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4681
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MATTHEW JOHN WIGGINS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Parkersburg. Joseph Robert Goodwin,
District Judge. (CR-99-199-6-1)
Submitted: January 15, 2003 Decided: January 29, 2003
Before WILKINS, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Edward H. Weis,
Assistant Federal Public Defender, Charleston, West Virginia, for
Appellant. Kasey Warner, United States Attorney, Stephanie D.
Thacker, Special Assistant United States Attorney, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Matthew John Wiggins appeals the district court’s order
revoking his term of supervised release and sentencing him to
twelve months imprisonment, followed by twenty-four months of
supervised release, to include home detention. Wiggins contends
that his sentence exceeds the statutory maximum provided by 18
U.S.C. § 3583(e)(3) (2000). We find that the district court
properly sentenced Wiggins within the statutory maximum. See United
States v. Hager, 288 F.3d 136 (4th Cir.) (holding that a defendant
does not receive credit against the maximum revocation prison term
for time previously spent on home detention), cert. denied, 71
U.S.L.W. 3265 (U.S. Oct. 15, 2002) (No. 02-6167).
Accordingly, we affirm Wiggins’ sentence. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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