United States v. Daniels

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4153
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PAUL E. DANIELS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (1:06-cr-00489-LMB)
Submitted: September 7, 2007 Decided: January 23, 2008
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Federal Public Defender, Todd M. Richman,
Assistant Federal Public Defender, Sapna Mirchandani, Research and
Writing Attorney, Alexandria, Virginia, for Appellant. Chuck
Rosenberg, United States Attorney, Olivia Hussey, Special Assistant
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul Daniels was stopped by military police on Fuller
Road as he attempted to drive past Gate No. 1 into the Marine Corps
Base at Quantico, Virginia. A magistrate judge found Daniels
operated a vehicle on a suspended license, see 18 U.S.C. § 13(2000), assimilating Va. Code Ann. § 46.2-301 (Michie 2004), and
sentenced Daniels to six months’ supervised probation. Daniels
appealed to the district court pursuant to Fed. R. Crim. P.
58(g)(2), and the district court affirmed. Daniels appealed to
this court, contending the district court erroneously found he was
driving on a Virginia highway as defined by Va. Code Ann. § 46.2-
100 (Michie Supp. 2007). Finding no error, we affirm for the
reasons stated by the district court in its thorough opinion. See
United States v. Daniels, No. 1:06-cr-00489-LMB (E.D. Va. Jan. 29,
2007). We deny Daniels’ motion for leave to file an attachment to
the Joint Appendix. 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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