United States v. Mills , 201 F. App'x 156 ( 2006 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-4385
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DOUGLAS E. MILLS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
    District Judge. (2:97-00205)
    Submitted:   August 23, 2006            Decided:   September 28, 2006
    Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,
    Appellate Counsel, David R. Bungard, Assistant Federal Public
    Defender, Charleston, West Virginia, for Appellant.     Charles T.
    Miller, United States Attorney, Monica L. Dillon, 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    Unpublished opinions are not binding precedent in this circuit.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:
    Douglas E. Mills appeals the twelve-month plus one day
    prison term imposed upon revocation of his supervised release.                   He
    argues that his prison sentence is unreasonable because it does not
    further the goals of supervised release, and that drug treatment
    serves the purpose of transitioning Mills into the community under
    
    18 U.S.C. § 3583
    (e) (2000).            Finding no error, we affirm.
    In imposing sentence, the court considered the statutory
    maximum, the advisory guideline range, and Mills’ history of
    violations, and imposed a sentence at the bottom of the advisory
    range.    The court properly considered the number and nature of
    Mills’ supervised release violations in determining this sentence,
    in   accordance      with     
    18 U.S.C.A. §§ 3553
        (a)(1),   (a)(2)(B),
    (a)(2)(C), 3583(a) (West 2000 & Supp. 2005).                   We conclude that
    Mills’ sentence was not unreasonable. See United States v. Crudup,
    ___ F.3d ___, 
    2006 WL 2243586
     (4th Cir. Aug. 7, 2006) (No. 05-
    4048).    Accordingly, we affirm the judgment of the district court.
    We deny as moot Mills’ motion to expedite his appeal. We
    grant Mills’ motion to 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
    - 2 -
    

Document Info

Docket Number: 06-4385

Citation Numbers: 201 F. App'x 156

Judges: Niemeyer, Per Curiam, Traxler, Wilkinson

Filed Date: 9/28/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023