United States v. Kenney

U.S. Court of Appeals for the Fourth Circuit
United States v. Kenney, 206 F. App'x 291 (4th Cir. 2006)

United States v. Kenney

Opinion

PER CURIAM:

Michael Allen Kenney was charged with violating supervised release by committing a crime. Specifically, his probation officer alleged that Kenney violated release by operating a clandestine methamphetamine laboratory in Putnam County, West Virginia. Kenney denied the charge.- Following a hearing, the district court found by a preponderance of the evidence that Kenney had violated release as charged. The court revoked Kenney’s release and imposed a sentence of twenty-four months. Kenney appeals. We affirm.

Kenney contends that the district court erred by finding by a preponderance of the evidence, see 18 U.S.C. § 3583(e)(3) (2000), that Kenney participated in the manufacture or attempted manufacture of methamphetamine. Testimony at the hearing revealed that state police officers who responded to a trailer in Putnam County noticed a strong smell of methamphetamine emanating from inside the trailer. Officers discovered inside the trailer precursor chemicals and paraphernalia used in the manufacture of methamphetamine. When officers announced their presence, Kenney fled out the trailer’s back door. Finally, Kenney’s girlfriend, Jessica Searls, gave a written statement that she and Kenney were at the trailer so that he could manufacture methamphetamine. We conclude on the basis of this evidence that the district court did not abuse its discretion in finding that Kenney had violated a term of his release as charged.

We accordingly affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Michael Allen KENNEY, Defendant—Appellant
Status
Unpublished