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  • United States v. Scottie Brown, 4th Cir. (1999)

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    Scottie Brown appealed his sentence for violating conditions of his supervised release. The district court considered substance abuse treatment programs but did not abuse its discretion in imposing incarceration instead. The court also did not plainly err in sentencing Brown to 21 months in prison, which was within statutory limits. The appeals court affirmed Brown's sentence.

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    Filed: 1999-07-21 Precedential Status: Non-Precedential Docket: 99-4030

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    Scottie Brown appealed his sentence for violating conditions of his supervised release. The district court considered substance abuse treatment programs but did not abuse its discretion in imposing incarceration instead. The court also did not plainly err in sentencing Brown to 21 months in prison, which was within statutory limits. The appeals court affirmed Brown's sentence.

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    United States v. Scottie Brown, 4th Cir. (1999)

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    Scottie Brown appealed his sentence for violating conditions of his supervised release. The district court considered substance abuse treatment programs but did not abuse its discretion in imposing incarceration instead. The court also did not plainly err in sentencing Brown to 21 months in prison, which was within statutory limits. The appeals court affirmed Brown's sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-4030

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    SCOTTIE BROWN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Charlottesville. James H. Michael, Jr.,
    Senior District Judge. (CR-94-28)

    Submitted:

    July 13, 1999

    Decided:

    July 21, 1999

    Before HAMILTON, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Margaret McLeod Cain, MARGARET MCLEOD CAIN, P.C., Charlottesville,
    Virginia, for Appellant. Robert P. Crouch, Jr., United States Attorney, Jean B. Hudson, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant Scottie Brown appeals from his sentence imposed
    after he admitted to violating several conditions of his supervised
    release.

    The district court considered the availability of sub-

    stance abuse treatment programs as an alternative to incarceration


    and did not abuse its discretion in imposing a term of incarceration.

    See 18 U.S.C.A. 3583(d) (West 1994 & Supp. 1999); U.S.

    Sentencing Guidelines Manual 7B1.4, comment. (n.6).

    Likewise,

    the court did not plainly err in sentencing Brown to twenty-one


    months imprisonment.

    See 18 U.S.C.A. 3583(e)(3); United States

    v. Perkins, 108 F.3d 512, 516 (4th Cir. 1997); United States v.
    Davis, 53 F.3d 638, 640-42 (4th Cir. 1995).

    We therefore affirm

    Browns sentence. We dispense with oral argument because the facts


    and legal contentions are adequately set forth in the materials
    before the court and argument would not aid the decisional process.

    AFFIRMED

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