UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4229
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES W. WASHINGTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (CR-04-139-FL)
Submitted: January 18, 2006 Decided: February 2, 2006
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Jane E. Pearce, Research and
Writing Attorney, Raleigh, North Carolina, for Appellant. Frank D.
Whitney, United States Attorney, Anne M. Hayes, Christine Witcover
Dean, Assistant United States Attorneys, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James W. Washington appeals his twenty-four-month
sentence, which was imposed after the district court revoked his
supervised release. Washington contends that the district court
erred by imposing a sentence above the advisory guidelines range.
We affirm.
The sentencing guidelines range for revocations of
supervised release is purely advisory, United States v. Denard, 24
F.3d 599, 602 (4th Cir. 1994), and the district court sufficiently
stated a factual basis for sentencing Washington outside of the
recommended guidelines range. Washington repeatedly violated the
terms of his release by using cocaine and missed several drug
treatment aftercare appointments. Therefore, the district court’s
sentence was reasonable and was not an abuse of discretion.
Accordingly, we affirm Washington’s sentence. 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 -