Filed: Aug. 27, 1997
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-4911 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VICTOR JOSEPH SANGUEDOLCE, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Richard L. Voorhees, Chief District Judge. (CR-94-144-V) Submitted: August 5, 1997 Decided: August 27, 1997 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublishe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-4911 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VICTOR JOSEPH SANGUEDOLCE, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Richard L. Voorhees, Chief District Judge. (CR-94-144-V) Submitted: August 5, 1997 Decided: August 27, 1997 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-4911
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VICTOR JOSEPH SANGUEDOLCE,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Charlotte. Richard L. Voorhees, Chief
District Judge. (CR-94-144-V)
Submitted: August 5, 1997 Decided: August 27, 1997
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
James Gronquist, Charlotte, North Carolina, for Appellant. Mark T.
Calloway, United States Attorney, David C. Keesler, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Victor Joseph Sanguedolce, Jr., appeals from the district
court judgment revoking his term of supervised release and sen-
tencing him to twenty-four months of imprisonment. We affirm.
Sanguedolce was charged with seven separate violations of the
terms of his supervised release. Following a revocation hearing the
district court found sufficient evidence to demonstrate commission
of all alleged violations save an allegation that Sanguedolce had
failed to pay a fifty dollar special assessment. Sanguedolce argues
on appeal that there was insufficient evidence to support the dis-
trict court's findings.
Notwithstanding Sanguedolce's contentions, we note that
Sanguedolce himself admitted to violating his supervised release by
using both marijuana and cocaine. The evidence presented before the
district court also revealed that Sanguedolce tested positive for
cocaine use on three separate occasions. We find that this evidence
alone is not only sufficient to justify revocation of Sanguedolce's
supervised release, but compels it. See 18 U.S.C. ยง 3583(e), (g)
(1994); United States v. Clark,
30 F.3d 23, 25 (4th Cir. 1994).
Accordingly, we affirm the district court's judgment. 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
2