Filed: May 10, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4064 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. TROY ALLEN MOORE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:02-cr-10059-JPJ-PMS-1) Submitted: May 5, 2016 Decided: May 10, 2016 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Larry W. Shelton, Federal Public D
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4064 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. TROY ALLEN MOORE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:02-cr-10059-JPJ-PMS-1) Submitted: May 5, 2016 Decided: May 10, 2016 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Larry W. Shelton, Federal Public De..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4064
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TROY ALLEN MOORE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones,
District Judge. (2:02-cr-10059-JPJ-PMS-1)
Submitted: May 5, 2016 Decided: May 10, 2016
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Larry W. Shelton, Federal Public Defender, Brian J. Beck,
Assistant Federal Public Defender, Abingdon, Virginia, for
Appellant. John P. Fishwick, Jr., United States Attorney,
Kevin L. Jayne, Special Assistant United States Attorney,
Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In 2003, a federal jury convicted Troy Allen Moore of
several counts related to firearm and drug possession. Moore
was sentenced to 90 months of imprisonment, followed by 5 years
of supervised release. The district court subsequently revoked
Moore’s supervised release and sentenced him to 30 days of
imprisonment, followed by 2 years of supervised release. After
Moore’s release from incarceration, the court again found that
Moore had violated the terms of his supervised release and
imposed a sentence of six months of imprisonment, followed by
two years of supervised release. Moore now appeals. For the
reasons that follow, we affirm.
Moore first argues on appeal that the district court erred
in admitting a laboratory report of the analysis of the
substances he possessed without conducting a balancing test
pursuant to Fed. R. Crim. P. 32.1(b)(1)(C). Here, however,
Moore offered the report into evidence. “Under ordinary
circumstances, this court will not consider alleged errors that
were invited by the appellant.” United States v. Hickman,
626
F.3d 756, 772 (4th Cir. 2010). Under the invited error
doctrine, “a court can not be asked by counsel to take a step in
a case and later be convicted of error, because it has complied
with such request.” United States v. Herrera,
23 F.3d 74, 75
(4th Cir. 1994) (internal quotation marks omitted). We conclude
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that Moore invited any error in the district court’s admission
of the report as part of his trial strategy and we therefore
decline to consider this assignment of error on appeal. See
United States v. Lespier,
725 F.3d 437, 451 (4th Cir. 2013)
(only recognized exception to the invited error doctrine where
noticing error would be necessary to preserve the integrity of
the judicial process or prevent a miscarriage of justice; no
such circumstances exist where defendant invited error as part
of sound trial strategy).
Moore also argues that the district court erred in finding
that he was guilty of driving under the influence. We review a
district court’s decision to revoke supervised release for abuse
of discretion, and review the court’s factual findings
underlying the revocation for clear error. United States v.
Padgett,
788 F.3d 370, 373 (4th Cir.), cert. denied,
126 S. Ct.
494 (2015). The district court need only find a supervised
release violation by a preponderance of the evidence; “[t]his
standard requires only that the existence of a fact be more
probable than its nonexistence.”
Id. at 374 (internal quotation
marks omitted). We have thoroughly reviewed the record and
conclude that the district court did not abuse its discretion in
revoking Moore’s supervised release.
We therefore affirm the judgment of the district court. We
dispense with oral argument because the facts and legal
3
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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