Filed: Jun. 19, 2012
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4079 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BREON ALSTON CURRIE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:06-cr-00338-JAB-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark E. Edw
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4079 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BREON ALSTON CURRIE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:06-cr-00338-JAB-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark E. Edwa..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4079
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BREON ALSTON CURRIE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:06-cr-00338-JAB-1)
Submitted: June 14, 2012 Decided: June 19, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, North
Carolina, for Appellant. Ripley Rand, United States Attorney,
Michael A. DeFranco, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Breon Alston Currie appeals the district court’s order
revoking his supervised release and sentencing him to twenty-two
months’ imprisonment. On appeal, Currie argues that there was
insufficient evidence to support the district court’s
determination that he violated his supervised release by
possessing marijuana with intent to distribute. We affirm.
We review a district court’s decision to revoke a
defendant’s term of supervised release for abuse of discretion.
United States v. Copley,
978 F.2d 829, 831 (4th Cir. 1992). To
revoke supervised release, the district court must find that the
violation is supported by a preponderance of the evidence. 18
U.S.C.A. § 3583(e)(3) (West Supp. 2011). Factual findings
underlying the decision to revoke are reviewed for clear error.
United States v. Benton,
627 F.3d 1051, 1054 (8th Cir. 2010).
Intent to distribute a controlled substance may be
proven through circumstantial evidence, such as the method of
packaging. See United States v. Fisher,
912 F.2d 728, 730-31
(4th Cir. 1990). Although Currie argued that the drugs were for
personal use, the investigating officer testified at Currie’s
revocation hearing that the drugs were packaged for sale. We
conclude that the court did not clearly err in finding Currie’s
intent to distribute and that the revocation was supported by a
preponderance of the evidence. See Anderson v. City of Bessener
2
City,
470 U.S. 564, 574 (1985) (“Where there are two permissible
views of the evidence, the factfinder’s choice between them
cannot be clearly erroneous.”).
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
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