United States v. Hickman

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4176 CHRISTOPHER LEE HICKMAN, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CR-99-171) Submitted: August 12, 2002 Decided: September 3, 2002 Before MICHAEL, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Frank W. Dunham, Jr., Federal Public Defender, Amy Leigh Austin, Assistant Federal Public Defender, Richmond, Virginia, for Appel- lant. 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 Unpublished opinions are not binding precedent in this circuit.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. HICKMAN OPINION PER CURIAM: Christopher Lee Hickman appeals the district court’s sentence of twenty-four months in prison, to run consecutively with his state sen- tence, following revocation of his supervised release. Hickman argues the district court erred by imposing a twenty-four month consecutive sentence when the sentencing guidelines range was four to ten months in prison. The policy statement in U.S. Sentencing Guidelines Manual § 7B1.3(f) (2000) provides that a term of imprisonment for revocation of supervised release "shall be ordered to be served consecutively to any sentence of imprisonment the defendant is serving . . . ." The pol- icy statements in Chapter 7 are non-binding advisory guides, and the district court’s sentence is reviewed for abuse of discretion. United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995). We conclude the district court did not abuse its discretion in either imposing the twenty-four month sentence for the violation of supervised release or in ordering it to be served consecutively to his state sentences. We therefore affirm Hickman’s sentence. We dispense with oral argument because the facts and legal contentions are adequately pre- sented in the materials before the court and argument would not aid the decisional process. AFFIRMED