Filed: Aug. 21, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4405 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. GALEN CLIFTON SHAWVER, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:00-cr-00262-TDS-2) Submitted: August 16, 2013 Decided: August 21, 2013 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James B. Craven,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4405 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. GALEN CLIFTON SHAWVER, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:00-cr-00262-TDS-2) Submitted: August 16, 2013 Decided: August 21, 2013 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James B. Craven, I..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4405
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GALEN CLIFTON SHAWVER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:00-cr-00262-TDS-2)
Submitted: August 16, 2013 Decided: August 21, 2013
Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James B. Craven, III, Durham, North Carolina, for Appellant.
Ripley Rand, United States Attorney, Randall S. Galyon,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In 2001, a federal jury convicted Galen Clifton
Shawver of several counts of mail and wire fraud, conspiracy,
and money laundering. He was sentenced to 132 months of
imprisonment followed by three years of supervised release.
After his release from incarceration, the district court found
that Shawver had violated the terms of his supervised release.
The court revoked Shawver’s supervised release and sentenced him
to two months of imprisonment, followed by thirty-four months of
supervised release. Shawver appeals. Finding no error, we
affirm.
Shawver argues that the district court abused its
discretion in revoking his supervised release. We review for
abuse of discretion. See United States v. Pregent,
190 F.3d
279, 282 (4th Cir. 1999). The district court need only find a
violation of a term of supervised release by a preponderance of
the evidence. 18 U.S.C.A. § 3583(e)(3) (West Supp. 2013); see
United States v. Copley,
978 F.2d 829, 831 (4th Cir. 1992). We
have thoroughly reviewed the record and conclude the district
court did not err in revoking Shawver’s supervised release.
Shawver also challenges the district court’s
below-Guidelines sentence of two months of imprisonment. We
review a sentence imposed on revocation to determine whether the
sentence was plainly unreasonable. United States v. Crudup, 461
2
F.3d 433, 437 (4th Cir. 2006). Although a district court must
consider the policy statements in Chapter Seven of the United
States Sentencing Guidelines along with the statutory
requirements of 18 U.S.C. § 3583 (2006) and 18 U.S.C. § 3553(a)
(2006), “the court ultimately has broad discretion to revoke its
previous sentence and impose a term of imprisonment up to the
statutory maximum.”
Id. at 439 (internal quotation marks and
citation omitted). We have reviewed the record and the relevant
legal authorities and conclude that the two-month sentence is
procedurally and substantively reasonable.
Accordingly, we affirm the district court’s order. We
deny Shawver’s motions to file a pro se supplemental brief and a
pro se reply brief. 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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