U.S. Court of Appeals for the Fourth Circuit, 2011

United States v. David White

United States v. David White
U.S. Court of Appeals for the Fourth Circuit · Decided July 5, 2011 · Wilkinson, Duncan, Wynn
437 F. App'x 223

United States v. David White

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David C. White appeals the district court’s revocation of his term of supervised release. On appeal, White argues that the district court clearly erred in finding that he jointly possessed ammunition found inside his home, and abused its discretion in revoking his term of supervised release. We affirm.

*224 We review the district court’s decision to revoke a defendant’s supervised release for an abuse of discretion. United States v. Copley, 978 F.2d 829, 831 (4th Cir. 1992). The district court need only find a violation of a condition of supervised release by a preponderance of the evidence. 18 U.S.C. § 3583(e)(3) (2006). We review factual determinations informing the conclusion that a violation occurred for clear error. United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003).

Our review of the record leads us to conclude that the district court neither clearly erred in finding that White jointly possessed the ammunition found inside his home, nor abused its discretion in revoking White’s supervised release. Accordingly, we affirm the district court’s judgment. 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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