United States v. Ellis , 33 F. App'x 150 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4617
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT SCOTT ELLIS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. David A. Faber, District
Judge. (CR-91-286)
Submitted: April 16, 2002 Decided: May 1, 2002
Before WILLIAMS and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
David L. White, MASTERS & TAYLOR, Charleston, West Virginia, for
Appellant. Kasey Warner, United States Attorney, John L. File,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Scott Ellis appeals the district court’s order
sentencing him to twenty-four months incarceration for violating
the terms and conditions of his supervised release. We have
reviewed the record and the district court’s opinion and find no
reversible error. Supervised release is considered distinct from
incarceration and is available in addition to the maximum term of
imprisonment. See United States v. Pierce, 75 F.3d 173, 178 (4th
Cir. 1996). Thus, upon revocation of supervised release, the
imposition of a term of incarceration is permissible even if the
resulting sentence, combined with the sentence already served,
exceeds the maximum sentence allowed for the substantive offense.
See, e.g., United States v. Robinson, 62 F.3d 1282, 1284-86 (10th
Cir. 1995). Accordingly, we affirm on the reasoning of the district
court. See United States v. Ellis, No. CR-91-286 (S.D.W. Va. July
25, 2001). 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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