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    United States v. Ward, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Wesley Elwood Ward's appeal of his sentence for violating the terms of his supervised release. The court affirmed the district court's revocation of Ward's supervised release and sentence of 24 months imprisonment. The court found that the district court did not abuse its discretion in sentencing Ward based on his admission of violating the terms of his release. The court also determined that Ward provided no evidence that the district court based its decision on secret information from his probation officer or out of punitive animus.

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    United States v. Ward, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Wesley Elwood Ward's appeal of his sentence for violating the terms of his supervised release. The court affirmed the district court's revocation of Ward's supervised release and sentence of 24 months imprisonment. The court found that the district court did not abuse its discretion in sentencing Ward based on his admission of violating the terms of his release. The court also determined that Ward provided no evidence that the district court based its decision on secret information from his probation officer or out of punitive animus.

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    Filed: 2002-08-02 Precedential Status: Non-Precedential Docket: 02-4003

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Wesley Elwood Ward's appeal of his sentence for violating the terms of his supervised release. The court affirmed the district court's revocation of Ward's supervised release and sentence of 24 months imprisonment. The court found that the district court did not abuse its discretion in sentencing Ward based on his admission of violating the terms of his release. The court also determined that Ward provided no evidence that the district court based its decision on secret information from his probation officer or out of punitive animus.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    United States v. Ward, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Wesley Elwood Ward's appeal of his sentence for violating the terms of his supervised release. The court affirmed the district court's revocation of Ward's supervised release and sentence of 24 months imprisonment. The court found that the district court did not abuse its discretion in sentencing Ward based on his admission of violating the terms of his release. The court also determined that Ward provided no evidence that the district court based its decision on secret information from his probation officer or out of punitive animus.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    WESLEY ELWOOD WARD,
    Defendant-Appellant.

    No. 02-4003

    Appeal from the United States District Court


    for the Eastern District of North Carolina, at Wilmington.
    James C. Fox, Senior District Judge.
    (CR-98-39-FO)
    Submitted: July 25, 2002
    Decided: August 2, 2002
    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    COUNSEL
    Robert J. McAfee, MCCOTTER, MCAFEE & ASHTON, P.L.L.C.,
    New Bern, North Carolina, for Appellant. Frank D. Whitney, United
    States Attorney, Anne M. Hayes, Assistant United States Attorney,
    Peter W. Kellen, Assistant United States Attorney, Raleigh, North
    Carolina, for Appellee.

    UNITED STATES v. WARD

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    OPINION
    PER CURIAM:
    Wesley Elwood Ward pleaded guilty to conspiracy to make false
    statements to a federally insured financial institution in violation of
    18 U.S.C.A. 371 (West 2000). He was sentenced to a term of fortysix months imprisonment and thirty-six months of supervised release.
    Ward admittedly violated the terms of his supervised release. At his
    revocation hearing, the district court sentenced Ward to twenty-four
    months imprisonment.
    We review a district courts revocation of supervised release for
    abuse of discretion. See United States v. Davis, 53 F.3d 638, 642-43
    (4th Cir. 1995). The district court need only find a violation of a condition of supervised release by a preponderance of the evidence. See
    18 U.S.C.A. 3583(e)(3) (West 1994 & Supp. 2001). Moreover, if
    the court has considered the relevant factors and the applicable policy
    statements, it has the discretion to impose a sentence outside the
    ranges set out in the sentencing guidelines. See Davis at 642-43.
    We find the district court did not abuse its discretion in sentencing
    Ward to twenty-four months imprisonment. Ward provides no basis
    for his assertion that the court sentenced him based on "secret information" provided by his probation officer or out of "punitive animus."
    We therefore affirm the judgment of the district court. 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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