Filed: Oct. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4271 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERVAN MATTHEW HARVEY, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:05-cr-00605-CMC-1) Submitted: October 14, 2015 Decided: October 20, 2015 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. James P. Roge
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4271 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERVAN MATTHEW HARVEY, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:05-cr-00605-CMC-1) Submitted: October 14, 2015 Decided: October 20, 2015 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. James P. Roger..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4271
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERVAN MATTHEW HARVEY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, Senior
District Judge. (3:05-cr-00605-CMC-1)
Submitted: October 14, 2015 Decided: October 20, 2015
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James P. Rogers, Assistant Federal Public Defender, Columbia,
South Carolina, for Appellant. Stacey Denise Haynes, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ervan Matthew Harvey, Jr., appeals the district court’s
judgment revoking his term of supervised release and sentencing
him to 14 months’ imprisonment, followed by a 2-year term of
supervised release. Counsel has filed a brief pursuant to
Anders v. California,
386 U.S. 738 (1967), stating that there
are no meritorious issues for appeal, but questioning whether
the district court abused its discretion in revoking Harvey’s
supervised release. Although advised of his right to file a pro
se supplemental brief, Harvey has not done so. The Government
has declined to file a response brief. Following our careful
review of the record, we affirm.
We review for abuse of discretion a district court’s
judgment revoking supervised release and imposing a term of
imprisonment. United States v. Pregent,
190 F.3d 279, 282 (4th
Cir. 1999); United States v. Copley,
978 F.2d 829, 831 (4th Cir.
1992). The district court need only find a violation of a
condition of supervised release by a preponderance of the
evidence. 18 U.S.C. § 3583(e)(3) (2012);
Copley, 978 F.2d at
831. The court’s factual findings are reviewed for clear error.
United States v. Padgett,
788 F.3d 370, 372–73 (4th Cir. 2015).
We conclude that the district court did not clearly err in
finding that Harvey violated the stated conditions of supervised
release. Accordingly, the court did not abuse its discretion by
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revoking Harvey’s supervised release and ordering a term of
imprisonment.
In accordance with Anders, we have reviewed the record and
have found no meritorious issues for appeal. We therefore
affirm the district court’s judgment. This court requires that
counsel inform Harvey, in writing, of the right to petition the
Supreme Court of the United States for further review. If
Harvey requests that a petition be filed, but counsel believes
that such a petition would be frivolous, then counsel may move
in this court for leave to withdraw from representation.
Counsel’s motion must state that a copy thereof was served on
Harvey. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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