United States v. Turner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4540 JAMES G. TURNER, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CR-98-324) Submitted: November 28, 2001 Decided: January 24, 2002 Before WIDENER, WILKINS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Edwin Frederick Brooks, Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Stephen W. Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 UNITED STATES v. TURNER OPINION PER CURIAM: James G. Turner appeals the revocation of his supervised release and the imposition of a nine-month prison term. Turner contends the district court erred in considering a conviction that was not noted in a "Petition on Probation." Turner also contends the district court abused its discretion in failing to consider alternatives to incarcera- tion. Finding no error, we affirm. Turner contends the district court committed plain error when it considered a charge that had not been previously noted in sentencing him. Because Turner did not raise this issue in the district court, we review for plain error. United States v. Olano, 507 U.S. 725, 731-32 (1993). We conclude the district court did not consider Turner’s sec- ond assault charge in its decisions to revoke supervised release and to sentence Turner to nine months’ imprisonment. Therefore, we find no plain error. We further conclude the district court did not abuse its discretion in sentencing Turner to nine months’ incarceration rather than to an alternative form of punishment. For these reasons, we affirm Turner’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu- ment would not aid the decisional process. AFFIRMED