UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4356
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TYRONE BROWNE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-99-184-3)
Submitted: August 13, 2002 Decided: August 29, 2002
Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Robert J. Wagner,
Assistant Federal Public Defender, Richmond, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, Sara E.
Flannery, Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tyrone Browne appeals the district court’s order that revoked
his supervised release and sentenced him to thirteen months in
prison to be followed by forty-seven months of supervised release.
The court concluded Brown failed to pay restitution as directed,
failed to follow his probation officer’s instructions to file an
income/expense form, failed to work regularly, and tested positive
for drug use. On appeal, Browne does not dispute these violations
but asserts his thirteen-month sentence was unreasonable because
the court did not take into account mitigating circumstances
concerning Browne’s fiancée’s illness. We disagree. It is clear
from the record that the district court imposed a sentence below
the statutory maximum in order to provide Browne with another
opportunity to rehabilitate himself. Therefore, we conclude the
thirteen-month sentence was not unreasonable and affirm. We
dispense with oral argument because the facts and legal contentions
of the parties are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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