Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Stewart, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    11 views2 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Robert Stewart's supervised release revocation. The summary is: 1) Stewart appealed the district court's imposition of consecutive terms of imprisonment upon revocation of his supervised release, arguing the original terms were concurrent, but the Fourth Circuit had previously ruled against this in a similar case. 2) Stewart also argued his constitutional rights were violated when the district court found a supervised release violation by a preponderance of evidence rather than beyond a reasonable doubt, but the Supreme Court had also previously ruled against this position. 3) The Fourth Circuit affirmed the district court's judgment, finding no merit in Stewart's arguments

    Original Description:

    Filed: 2007-12-26 Precedential Status: Non-Precedential Docket: 07-4723

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Robert Stewart's supervised release revocation. The summary is: 1) Stewart appealed the district court's imposition of consecutive terms of imprisonment upon revocation of his supervised release, arguing the original terms were concurrent, but the Fourth Circuit had previously ruled against this in a similar case. 2) Stewart also argued his constitutional rights were violated when the district court found a supervised release violation by a preponderance of evidence rather than beyond a reasonable doubt, but the Supreme Court had also previously ruled against this position. 3) The Fourth Circuit affirmed the district court's judgment, finding no merit in Stewart's arguments

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    11 views2 pages

    United States v. Stewart, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Robert Stewart's supervised release revocation. The summary is: 1) Stewart appealed the district court's imposition of consecutive terms of imprisonment upon revocation of his supervised release, arguing the original terms were concurrent, but the Fourth Circuit had previously ruled against this in a similar case. 2) Stewart also argued his constitutional rights were violated when the district court found a supervised release violation by a preponderance of evidence rather than beyond a reasonable doubt, but the Supreme Court had also previously ruled against this position. 3) The Fourth Circuit affirmed the district court's judgment, finding no merit in Stewart's arguments

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-4723

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ROBERT STEWART, a/k/a BK, a/k/a Omar Mason,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:95-cr-00191-JAB)

    Submitted:

    December 20, 2007

    Decided:

    December 26, 2007

    Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen III, Federal Public Defender, Gregory Davis, Senior


    Litigator, Winston-Salem, North Carolina, for Appellant.
    Anna
    Mills Wagoner, United States Attorney, Harry L. Hobgood, Assistant
    United States Attorney, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert Stewart appeals the district courts judgment
    revoking his supervised release.
    issues.

    On appeal, Stewart raises two

    First, Stewart argues that the district court abused its

    discretion by imposing consecutive terms of imprisonment upon


    revocation of his supervised release as the original terms of
    imprisonment were imposed concurrently.

    As Stewarts counseled

    brief recognizes, this issue was already decided adversely to him


    by this court in United States v. Johnson, 138 F.3d 115, 118-19
    (4th Cir. 1998).

    Accordingly, his first alleged error is without

    merit.

    Stewarts second alleged error is that his constitutional

    rights

    were

    violated

    when

    the

    district

    court

    found

    by

    preponderance of the evidence, instead of beyond a reasonable


    doubt, that he committed a new crime that violated the terms of his
    supervised

    release.

    Again,

    as

    Stewarts

    counseled

    brief

    recognizes, the United States Supreme Court decided this issue


    adversely to his position in Johnson v. United States, 529 U.S.
    694, 700 (2000).

    Accordingly, Stewarts second alleged error is

    without merit, and we affirm the judgment of the district court.


    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 -

    You might also like