Professional Documents
Culture Documents
No. 15-4099
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:08-cr-00247-1)
Submitted:
Decided:
PER CURIAM:
Gary
Lee
Marcum
appeals
the
district
courts
judgment
We
affirm.
We
review
the
courts
decision
to
revoke
defendants
United States v.
Padgett, ___ F.3d ___, ___, 2015 WL 3561289, at *1 (4th Cir. June
9, 2015).
We
conclude
discretion
when
it
that
revoked
the
court
Marcums
acted
well
supervised
within
release.
its
In
next
contends
that,
when
imposing
sentence,
the
While
Marcum is correct that he was not charged with driving under the
influence, the courts concern was not unreasonable, as Marcum was
charged with multiple traffic infractions around the time that he
tested
positive
for
drugs.
Because
Marcum
has
failed
to
See
United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013) (We will
affirm a revocation sentence if it is within the statutory maximum
and
is
not
plainly
unreasonable.
(internal
quotation
marks
omitted)).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED