United States v. Schaefer ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4022
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MITCHELL WAYNE SCHAEFER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (CR-98-76-F)
Submitted: July 24, 2003 Decided: July 30, 2003
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Edwin C. Walker,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes,
Assistant United States Attorney, Christine Witcover Dean,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mitchell Wayne Schaefer appeals from the judgment order of the
district court revoking his term of supervised release and
sentencing him to twenty-four months imprisonment. Schaefer claims
that the district court’s order is plainly unreasonable because the
sentencing range of the guidelines was eight to fourteen months.
This court has previously held that the policy statements of
Chapter Seven of the U.S. Sentencing Guidelines Manual are not
binding on the courts. See United States v. Davis, 53 F.3d 638,
640 (4th Cir. 1995). Schaefer’s five separate and unrelated
violations of the terms of his supervised release provide ample
support for the action of the district court, and Schaefer’s
sentence is statutorily supported. See 18 U.S.C. § 3583(e)(3)
(2000). Accordingly, we affirm the judgment of the district court.
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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