United States v. O'Brien

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-4334 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GEORGE THOMAS O’BRIEN, a/k/a Bluto, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-99-23) Submitted: December 17, 2001 Decided: January 11, 2002 Before WILKINS, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Jennifer T. Stanton, J.T. STANTON, P.C., Norfolk, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Fernando Groene, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: George T. O’Brien appeals the district court’s order denying modification of his terms of supervised release. O’Brien’s conten- tion that restrictions to his ability to operate a motor vehicle are unnecessary to protect the public and bear no reasonable relationship to his crime effectively attack the district court’s original sentencing decision, and thus provide no basis for modi- fication. See United States v. Lussier, 104 F.3d 32, 34 (2d Cir. 1997). Accordingly, the order of the district court is affirmed. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2