Filed: Jul. 31, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4088 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSHUA CARDINE, a/k/a Josh, Defendant - Appellant, and SHIRLEY LOVEGROVE; TOM LOVEGROVE, Parties in Interest. - JOAN WATT; BAYVIEW HOLDINGS, LLC, Movants. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:03-cr-00424-RLW) Submitted: July 12, 2006 Decided: July 31, 2006 Befo
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4088 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSHUA CARDINE, a/k/a Josh, Defendant - Appellant, and SHIRLEY LOVEGROVE; TOM LOVEGROVE, Parties in Interest. - JOAN WATT; BAYVIEW HOLDINGS, LLC, Movants. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:03-cr-00424-RLW) Submitted: July 12, 2006 Decided: July 31, 2006 Befor..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4088
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSHUA CARDINE, a/k/a Josh,
Defendant - Appellant,
and
SHIRLEY LOVEGROVE; TOM LOVEGROVE,
Parties in Interest.
----------------------------------
JOAN WATT; BAYVIEW HOLDINGS, LLC,
Movants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:03-cr-00424-RLW)
Submitted: July 12, 2006 Decided: July 31, 2006
Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Acting Federal Public Defender, Charles D.
Lewis, Assistant Federal Public Defender, Sapna Mirchandani,
Research and Writing Attorney, Richmond, Virginia, for Appellant.
Chuck Rosenberg, United States Attorney, S. David Schiller,
Assistant United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Joshua Cardine appeals the district court’s order
modifying his criminal judgment and adding a special condition of
supervised release to prohibit him from employment in the
equestrian industry. Cardine contends the district court erred by
banning him from all equestrian-related employment when his
conviction stemmed only from the fraudulent sale of horses. We
affirm.
District courts have broad latitude in imposing special
conditions of supervised release, and we review a district court’s
imposition of a special condition for abuse of discretion. United
States v. Dotson,
324 F.3d 256, 259-60 (4th Cir. 2003). A
condition may be imposed prohibiting a defendant from engaging in
a specified occupation, business, or profession bearing a
reasonably direct relationship to the conduct relevant to the
offense of conviction. 18 U.S.C. § 3563(b)(5) (2000); 18 U.S.C.A.
§ 3583(d) (West 2000 & Supp. 2006); U.S. Sentencing Guidelines
Manual (“USSG”) § 5F1.5(a)(1) (1998). The restriction must be
“reasonably necessary to protect the public because there is reason
to believe that, absent such restriction, the defendant will
continue to engage in unlawful conduct similar to that for which
the defendant was convicted.” USSG § 5F1.5(a)(2). The condition
shall be imposed for the minimum time and to the minimum extent
necessary to protect the public. USSG § 5F1.5(b).
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The district court did not abuse its discretion by
imposing the special condition of supervised release prohibiting
Cardine from employment in the equestrian industry. Cardine pled
guilty to one count of conspiracy to commit fraud and swindle of
livestock in interstate commerce in violation of 18 U.S.C. § 371
(2000). Cardine’s employment in the equestrian industry allowed
him to accomplish his crime and thus bore a reasonably direct
relationship to the offense of conviction. The district court
considered but rejected Cardine’s assertion that a complete ban
from the industry was not reasonably necessary to protect the
public from conduct similar to that for which he was convicted. We
have reviewed the record and conclude the district court did not
err or abuse its discretion in this ruling.
Accordingly, we affirm the district court’s order
modifying Cardine’s criminal 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
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