United States v. Justice ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4028
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHANNON JUSTICE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, District Judge.
(CR-00-77)
Submitted: June 12, 2003 Decided: June 26, 2003
Before WILLIAMS, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael A. Bragg, BRAGG & ASSOCIATES, P.L.C., Abingdon, Virginia,
for Appellant. John L. Brownlee, United States Attorney, Jennifer
R. Bockhorst, Assistant United States Attorney, Abingdon, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shannon Justice appeals from the revocation of his supervised
release and the imposition of a six-month prison term. We review
for abuse of discretion the district court’s decision to revoke a
defendant’s supervised release and impose a sentence after
revocation. United States v. Wells, 163 F.3d 889, 898-99 (4th Cir.
1998); United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995).
The district court may revoke a defendant’s term of supervised
release if the court finds, by a preponderance of the evidence,
that the defendant violated a condition of supervised release. 18
U.S.C. § 3583(e)(3) (2000); United States v. Copley, 978 F.2d 829,
831 (4th Cir. 1992). There was sufficient evidence for the district
court to revoke Justice’s term of supervised release and sentence
him to six months imprisonment. Finding no abuse of discretion, we
affirm.
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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