Filed: Apr. 12, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-4861 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LEROY KELLY, a/k/a Q-Tip, a/k/a James Jones, a/k/a Lewis Kelly, a/k/a Roy Kelly, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CR-96-55) Submitted: March 20, 2002 Decided: April 12, 2002 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpubli
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-4861 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LEROY KELLY, a/k/a Q-Tip, a/k/a James Jones, a/k/a Lewis Kelly, a/k/a Roy Kelly, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CR-96-55) Submitted: March 20, 2002 Decided: April 12, 2002 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4861
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEROY KELLY, a/k/a Q-Tip, a/k/a James Jones,
a/k/a Lewis Kelly, a/k/a Roy Kelly,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CR-96-55)
Submitted: March 20, 2002 Decided: April 12, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
M. Woodrow Griffin, Jr., Hampton, Virginia, for Appellant. Paul J.
McNulty, United States Attorney, Robert J. Krask, Assistant United
States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leroy Kelly pled guilty to conspiracy to defraud the United
States, in violation of 18 U.S.C. § 371 (1994). The district court
sentenced Kelly to sixty months imprisonment, followed by a three
year supervised release term. While on supervised release, Kelly
tested positive for cocaine use and violated several other terms of
supervised release. The district court revoked Kelly’s supervised
release and imposed a twenty-two month term of imprisonment,
followed by a fourteen month supervised release term.
On appeal of the supervised release revocation, Kelly argues
the district court abused its discretion in sentencing him to a
term of twenty-two months imprisonment. Finding no abuse of
discretion in the district court’s revocation sentence, we affirm.
See United States v. Davis,
53 F.3d 638 (4th Cir. 1995). 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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