United States v. Debnam

U.S. Court of Appeals for the Fourth Circuit

United States v. Debnam

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-4997

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BOBBY WAYNE DEBNAM,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-95-123)

Submitted: August 21, 2003 Decided: September 25, 2003

Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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:

Bobby Wayne Debnam appeals the district court’s judgment that

revoked his supervised release and sentenced him to fifty-one

months’ imprisonment. Debnam admitted he violated his term of

supervised release by being charged with possession with intent to

distribute cocaine. On appeal, Debnam does not dispute the

violation but asserts his fifty-one month term of imprisonment was

plainly unreasonable. We disagree. After being on supervised

release for only two months, Debnam was charged with engaging in

the very same criminal conduct for which he was convicted. The

district court imposed a sentence at the low end of the sentencing

guidelines range. We conclude the sentence was not plainly

unreasonable and affirm. We dispense with oral argument because

the facts and legal contentions of the parties are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished