United States v. Long , 18 F. App'x 158 ( 2001 )


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  •                            UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                               No. 01-4349
    CALVIN A. LONG,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Western District of Virginia, at Abingdon.
    Glen M. Williams, Senior District Judge.
    (CR-97-16)
    Submitted: August 20, 2001
    Decided: September 10, 2001
    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Daniel R. Beiger, COPELAND, MOLINARY & BIEGER, P.C.,
    Abingdon, Virginia, for Appellant. Ruth E. Plagenhoef, United States
    Attorney, Rick A. Mountcastle, Assistant United States Attorney,
    Abingdon, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    2                       UNITED STATES v. LONG
    OPINION
    PER CURIAM:
    Calvin A. Long appeals the district court’s revocation of his super-
    vised release term and its imposition of a fifteen-month prison sen-
    tence, based upon Long’s violation of the terms and conditions of his
    supervised release. Long’s attorney has filed a brief in accordance
    with Anders v. California, 
    386 U.S. 738
     (1967), addressing whether
    Long’s good faith belief in his cause would constitute a defense in a
    revocation proceeding, but concluding that there are no meritorious
    issues for appeal.
    Long was convicted in April 1998 of attempting to damage or
    destroy an interstate pipeline facility, in violation of 
    49 U.S.C. § 60123
    (b) (1994), and sentenced to six months imprisonment fol-
    lowed by three years of supervised release. Long completed his term
    of imprisonment and began his term of supervised release on April
    14, 2000.
    On May 2, 2001, the district court held a hearing to determine
    whether Long’s supervised release should be revoked based on his
    violations of the conditions of his release. Specifically, Long had been
    convicted in state court of criminal contempt and sentenced to two
    six-month prison sentences, to be served consecutively. The convic-
    tions both arose out of Long’s refusal to comply with court orders
    concerning a longstanding property dispute with a neighbor. Based on
    this evidence, the district court found that Long had violated his
    supervised release by violating state law and sentenced him to fifteen
    months imprisonment. Long appeals.
    This court reviews the district court’s decision to revoke a defen-
    dant’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 prepon-
    derance of the evidence. 
    18 U.S.C. § 3583
    (e)(3) (1994). Because the
    evidence was sufficient to establish that Long violated the terms of
    his supervised release, we find no abuse of discretion in the district
    court’s decision to revoke his supervised release.
    UNITED STATES v. LONG                         3
    In his supplemental pro se brief, Long argues that the underlying
    state court orders violated his property rights and, therefore, he was
    justified in ignoring them. However, there is no good faith defense in
    a supervised release revocation proceeding.
    Pursuant to Anders, this court has reviewed the record for potential
    error and has found none. Therefore, we affirm the district court’s
    order revoking Long’s supervised release and imposing a fifteen
    month sentence. We deny counsel’s motion to withdraw at this time.
    This court requires that counsel inform his client, in writing, of his
    right to petition the Supreme Court of the United States for further
    review. If the client requests that a petition be filed, but counsel
    believes that such a petition would be frivolous, then counsel may
    again move in this court for leave to withdraw from representation.
    Counsel’s motion must state that a copy thereof was served on the cli-
    ent. We dispense with oral argument because the facts and legal con-
    tentions are adequately presented in the materials before the court and
    argument would not aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 01-4349

Citation Numbers: 18 F. App'x 158

Judges: King, Michael, Niemeyer, Per Curiam

Filed Date: 9/10/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023