United States v. Lunsford
United States v. Lunsford
Opinion
John Wayne Lunsford appeals the district court’s order revoking his supervised release. * This court reviews a district court’s revocation of supervised release for abuse of discretion. United States v. Copley, 978 F.2d 829, 831 (4th Cir. 1992).
We have reviewed the record and find no reversible error. A violation of a condition of supervised release must be proved by a preponderance of the evidence. See 18 U.S.C.A. § 3583(e)(3) (2000); Johnson v. United States, 529 U.S. 694, 700, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000). Here, the district court conducted a hearing, and the Government’s witnesses testified that Lunsford possessed and discharged a firearm. The court found, after assessing the witnesses’ credibility and by a preponderance of the evidence, that Lunsford violated the terms of supervised release, and ordered revocation on that basis. The district court’s finding of witness credibility in the revocation hearing is not renewable. See United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989).
Accordingly, we affirm the district court’s judgment revoking Lunsford’s supervised release. 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.
Lunsford does not challenge the twenty-four month term of imprisonment imposed upon revocation.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.