United States v. Roberson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 96-4540 ROBERT ROBERSON, Defendant-Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-88-254) Submitted: November 19, 1996 Decided: January 22, 1997 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Hunt L. Charach, Federal Public Defender, Charleston, West Vir- ginia, for Appellant. Rebecca A. Betts, United States Attorney, Michael L. Keller, Assistant United States Attorney, Charleston, West Virginia, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Robert Roberson appeals the district court's revocation of super- vised release imposed for conspiracy to distribute cocaine. We affirm. Roberson contends that (1) the twenty-four month sentence he received was plainly unreasonable in light of the violations; (2) the court did not sufficiently consider his personal character in determin- ing his sentence; and (3) the court inappropriately set a severe sen- tence because he is "a drug dealer" when there was no evidence he engaged in drug dealing or use while on supervised release. Addressing the first two claims, our review reveals sufficient evi- dence to conclude that the district court did not abuse its discretion in sentencing Roberson to the statutory maximum sentence for the stated reasons. United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995); see 18 U.S.C.A. § 3583(e)(3) (West 1996). Roberson's third contention is also meritless because the district judge's comment that Roberson is a drug dealer does not suggest the revocation was due to current drug dealing. Rather, the judge's com- ments merely reflect that as a convicted drug dealer, Roberson's con- tinued criminal activity merited a strong response from the court. Accordingly, we affirm the district court's order sentencing Roberson to a maximum penalty for his violations of supervised release. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu- ment would not aid the decisional process. AFFIRMED 2