United States v. Wright

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 00-4561 DARRYL WRIGHT, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CR-98-100-2) Submitted: December 20, 2000 Decided: January 12, 2001 Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL Keith Loren Kimball, COLGAN & KIMBALL, Virginia Beach, Vir- ginia, for Appellant. Helen F. Fahey, United States Attorney, Robert J. Krask, Assistant United States Attorney, Norfolk, Virginia, for Appellee. 2 UNITED STATES v. WRIGHT Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Darryl Wright appeals the district court order revoking supervised release and imposing a ten-month term of imprisonment and an addi- tional twenty-six month term of supervised release. Finding no revers- ible error, we affirm. We find that the district court did not abuse its discretion by impos- ing a ten-month term of imprisonment. United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir. 1998); United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995). We further find that the revocation proceedings were not invalid because the probation officer filed a petition on supervised release recommending that Wright’s supervised release be revoked. United States v. Mejia-Sanchez, 172 F.3d 1172, 1174-75 (9th Cir. 1999), cert. denied, ___ U.S. ___, 68 U.S.L.W. 3291 (U.S. Nov. 1, 1999); United States v. Davis, 151 F.3d 1304, 1306 (10th Cir. 1998). Accordingly, we affirm the district court’s order. We deny as moot Wright’s motion to expedite the appeal. We grant Wright’s motion to submit the appeal on the briefs and 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