United States v. Harrison

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4185
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEITH A. HARRISON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-97-265)
Submitted: July 23, 2002 Decided: October 3, 2002
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Mary E. Maguire,
Assistant Federal Public Defender, Richmond, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, Sara E.
Flannery, Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith A. Harrison appeals the district court’s order revoking
his term of supervised release and sentencing him to eighteen
months’ imprisonment. Finding no error, we affirm.
Harrison contends the district court erred in refusing to
admit evidence explaining why Harrison tested positive for cocaine
use. We review for an abuse of discretion, see United States v.
Francisco, 35 F.3d 116, 118 (4th Cir. 1994), and find none.
Harrison contends his eighteen-month sentence exceeds the
statutory maximum provided by 18 U.S.C. § 3583(e)(3) (2000). We
find the district court properly sentenced Harrison within the
statutory maximum. See United States v. Hager, 288 F.3d 136 (4th
Cir. 2002) (holding that a defendant does not receive credit
against the maximum revocation prison term for time previously
spent on home detention).
Accordingly, we affirm Harrison’s conviction and 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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