Filed: Jul. 26, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4686 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSEPH S. LUONGO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-02-7) Submitted: December 3, 2003 Decided: July 26, 2004 Before WIDENER, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Craig L. Parshall, LAW OFFICE
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4686 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSEPH S. LUONGO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-02-7) Submitted: December 3, 2003 Decided: July 26, 2004 Before WIDENER, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Craig L. Parshall, LAW OFFICE O..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4686
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSEPH S. LUONGO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-02-7)
Submitted: December 3, 2003 Decided: July 26, 2004
Before WIDENER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Craig L. Parshall, LAW OFFICE OF CRAIG L. PARSHALL, Fredericksburg,
Virginia, for Appellant. Paul J. McNulty, United States Attorney,
Kevin V. DiGregory, Assistant United States Attorney, Amanda
Goldman, Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pursuant to a plea agreement, Joseph S. Luongo pleaded
guilty to making a false statement before a grand jury, in
violation of 18 U.S.C. § 1623 (2000). In May 2002, the district
court sentenced Luongo to two months of imprisonment, to be
followed by a three-year term of supervised release. We especially
note that special condition 6 of the conditions of supervision for
supervised release states that “the defendant shall make an effort
to settle all law judgments against him in any court within the
United States.”
In March 2003, the Government filed a motion seeking to
modify this term of Luongo’s supervised release. Specifically, the
Government sought to compel Luongo to begin making payments on a
default judgment entered against him in 2001. After a hearing, the
district court granted the Government’s motion and ordered Luongo
to submit to a deposition to determine his assets and then to begin
making payments toward the judgment. Luongo timely appeals this
order.
District courts have wide latitude in imposing special
conditions on supervised release. United States v. Dotson,
324
F.3d 256, 260 (4th Cir. 2003). A district court may impose any
condition it considers appropriate as long as it is “reasonably
related” to the factors referred to in 18 U.S.C. § 3583(d)(1)
(2000).
Id. These factors are: “the nature and circumstances of
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the offense and the history and characteristics of the defendant,”
18 U.S.C. § 3553(a)(1) (2000); the need for the condition to deter
criminal conduct, see 18 U.S.C. § 3553(a)(2)(B) (2000); the need to
protect the public from any further criminal behavior by the
defendant, see 18 U.S.C. § 3553(a)(2)(C) (2000); and the need to
provide the defendant with training or medical care, 18 U.S.C.
§ 3553(a)(2)(D) (2000).
Id. Additionally, special conditions must
be consistent with the Sentencing Commission’s policy statements
and may not involve a greater deprivation of liberty than is
necessary to achieve the specified goals.
Id. A district court’s
imposition of special conditions of supervised release is reviewed
for an abuse of discretion.
Dotson, 324 F.3d at 259.
Luongo contends that the district court abused its
discretion by requiring him to submit to a deposition to determine
his assets and to begin making payments on the civil default
judgment. The district court found that Luongo’s offense of
conviction—-lying to the grand jury—-and his failure to satisfy the
outstanding default judgment against him demonstrate a lack of
respect for the legal system. Therefore, the district court found
the modification appropriately related to the factors referred to
in 18 U.S.C. § 3583(d). Based on our review of the record, we
cannot say that the district court abused its discretion in so
finding.
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Accordingly, we affirm the order of the district court.
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 in the decisional process.
AFFIRMED
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