Filed: Sep. 12, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4316 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES RANDLE SHIRES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (CR-98-10) Submitted: August 14, 2006 Decided: September 12, 2006 Before WILKINSON, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank W. Dunham, J
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4316 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES RANDLE SHIRES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (CR-98-10) Submitted: August 14, 2006 Decided: September 12, 2006 Before WILKINSON, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank W. Dunham, Jr..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4316
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES RANDLE SHIRES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior
District Judge. (CR-98-10)
Submitted: August 14, 2006 Decided: September 12, 2006
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Walter B. Dalton,
Assistant Federal Public Defender, Norfolk, Virginia, for
Appellant. Darryl James Mitchell, Special Assistant United States
Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles Randle Shires appeals the district court’s order
revoking supervised release, imposing a one-month sentence of
imprisonment, and imposing special conditions of supervised
release. Shires’s attorney has filed a brief in accordance with
Anders v. California,
386 U.S. 738 (1967), raising one issue but
stating that, in his view, there are no meritorious grounds for
appeal. Although notified of his right to do so, Shires has not
filed a pro se supplemental brief. Finding no reversible error, we
affirm.
In the Anders brief, counsel questions whether the
district court erred in prohibiting Shires from driving as a
special condition of supervised release. Specifically, counsel
raises the issue of whether the imposition of this special
condition involves a greater deprivation of personal liberty than
is reasonably necessary to achieve the valid objectives of
supervised release.
In reviewing the imposition of a special condition of
supervised release, we must determine whether the condition is
plainly unreasonable with regard to certain factors set forth in 18
U.S.C.A. § 3553(a) (West 2000 & Supp. 2006). United States v.
Crudup, __ F.3d __, __,
2006 WL 2243586, *3 (4th Cir. 2006). These
factors include “the nature and circumstances of the offense and
the history and characteristics of the defendant,” § 3553(a)(1);
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the need for the condition to deter criminal conduct,
§ 3553(a)(2)(B); the need to protect the public from any further
criminal behavior by the defendant, § 3553(a)(2)(C); and the need
to provide the defendant with training or medical care,
§ 3553(a)(2)(D). See 18 U.S.C.A. § 3583(d)(1) (West 2000 & Supp.
2006). 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. § 3583(d)(2), (d)(3). Based on our review of the
record, including Shires’s history of alcohol and substance abuse,
we find that the district court’s decision to ban Shires from
driving a motor vehicle as a special condition of supervised
release was not plainly unreasonable.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. We therefore affirm the district court’s order. See
United States v. Shires, No. CR-98-10 (E.D. Va. Mar. 17, 2005).
This court requires that counsel inform his client, in writing, of
his right to petition the Supreme Court of the United States for
further review. If the client requests that a petition be filed,
but counsel believes that such 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 the client. We dispense with oral argument because
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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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