[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-16910 JUNE 7, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 01-00308-CR-J-20-HTS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN KENT JARVIS,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 7, 2006)
Before DUBINA, HULL and WILSON, Circuit Judges.
PER CURIAM:
John Kent Jarvis appeals the district court’s decision revoking his supervised
release and imposing a sentence of thirty days of imprisonment and an additional
thirty-five months of supervised release. The district court revoked his probation
after finding that he failed to comply with the condition of probation that he refrain
from associating with individuals engaged in criminal activity or individuals
convicted of a felony unless granted permission to do so by his probation officer.
The record reflects that Jarvis was aware of this condition yet he intentionally
recruited Ivory Rhodes, a convicted felon on federal supervision, to work with him
on a job without contacting his probation officer.
In his brief, Jarvis relies upon Arciniega v. Freeman, 404 U.S. 4, 92 S. Ct.
22, 30 L. Ed. 2d 126 (1971) (per curiam) which held that the standard condition
restricting a probationer’s association with other convicted felons does not apply to
incidental contacts which arise out of work for a common employer. But unlike
the parolee in Arciniega, Jarvis’s association with Rhodes was not incidental.
Jarvis personally recruited Rhodes, a known felon, to work with him. In the words
of the district court, Jarvis “actively, proactively and on his own initiated the
employment of Mr. Rhodes in the same place that he was working” without
permission from his probation officer. Consequently, we find no abuse of
discretion in the district court’s revocation of Jarvis’s supervised release.
AFFIRMED.
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