Federal Circuits, 4th Cir. (November 26, 2003)
Docket number: 03-4355
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UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITNo. 03-4355 UNITED STATES OF AMERICA, Plaintiff - Appellee, versusJUSTIN CHAMBERS, Defendant - Appellant. Appeal from the United States District Court for the WesternDistrict of Virginia, at Abingdon. Pamela Meade Sargent, MagistrateJudge. (CR-01-42)Submitted: September 11, 2003 Decided: November 26, 2003Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.Affirmed by unpublished per curiam opinion.Timothy W. McAfee, MCAFEE LAW FIRM, P.C., Norton, Virginia, forAppellant. John L. Brownlee, United States Attorney, R. LucasHobbs, Assistant United States Attorney, Abingdon, Virginia, forAppellee.Unpublished opinions are not binding precedent in this circuit.See Local Rule 36(c).PER CURIAMJustin L. Chambers pleaded guilty to possession of a controlled substance, in violation of 21 U.S.C. § 844(a) (2000).Chambers was sentenced to three years probation. Chambers violated the terms of his probation and was sentenced to twelve months incarceration and twelve months on supervised release. After serving twelve months in incarceration, Chambers began serving his supervised release. Chambers violated the terms of his supervised release. The district court revoked ChambersÂ’ supervised release and sentenced him to twelve months incarceration. Chambers appeals, asserting his sentence is excessive. We review this claim de novo.United States v. Fareed , 296 F.3d 243, 245 (4th Cir. 2002). Chambers§ 844(a) (2000), and twelve months of supervised release, 18 U.S.C. § 3583(b)(3) (2000), to revoke Chambers§ 3583(g) (2000), and to sentence him to a subsequent term of twelve months incarceration upon revocation of supervised release. 18 U.S.C. § 3583(e)(3) (2000).Accordingly, we affirm the district courtÂ’s revocation of ChambersÂ’ supervised release and its resulting order for Chambers to serve twelve months in incarceration. 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. AFFIRMEDTry vLex for FREE for 3 days
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