UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4692
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHN MICHAEL LIBERTO,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-97-46-5)
Submitted: April 17, 2003 Decided: April 22, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stephen D. Herndon, Wheeling, West Virginia, for Appellant. Thomas
E. Johnston, United States Attorney, David J. Perri, Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Michael Liberto appeals the district court’s order
revoking his supervised release and imposing a nine month term of
imprisonment, to be followed by twenty-seven months of supervised
release. Liberto asserts the district court abused its discretion
by revoking his supervised release for failure to meet the
conditions of his release because his failures were not volitional.
We have reviewed the record and find no abuse of discretion. We
also find the district court complied with 18 U.S.C. § 3583(e)(3)
(2000), in its revocation of Liberto’s supervised release.
Accordingly, we affirm the judgment of the district court. We
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
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