UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4400
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SEUNG-JAE CHOI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-04-183)
Submitted: September 24, 2004 Decided: October 15, 2004
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David A. Oblon, ALBO & OBLON, L.L.P., Arlington, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, Charles J.
Dlabik, Jr., Paul A. Embroski, Special Assistant United States
Attorneys, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Seung-Jae Choi appeals from the district court order
affirming his convictions for driving while intoxicated, 32 C.F.R.
§§ 234.17(c)(1)(ii) & 234.19(a), driving while under the influence
of alcohol, 32 C.F.R. §§ 234.17(c)(1)(i) & 234.19(a), and two
counts of failing to obey a clearly posted stop sign, 32 C.F.R.
§§ 234.17(a) & 234.19(a), assimilating Va. Code Ann. § 46.2-830
(2002). On appeal, he argues that the court erred in imposing
criminal penalties rather than civil penalties, that the Government
failed to prove wilful violations, that the evidence was
insufficient to support his conviction, and that the trial court
erred in denying his motion to suppress and allowing the Government
to introduce evidence of his prior alcohol-related convictions. We
have reviewed the parties’ briefs, the joint appendix, and the
lower court’s opinions and orders and find no reversible error.
Accordingly, we affirm Choi’s convictions. 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
- 2 -