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  • United States v. Coit, 4th Cir. (2008)

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    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Robert Coit's appeal of a district court's judgment revoking his supervised release and sentencing him to additional imprisonment and supervised release. The appeals court affirms the district court's judgment, finding that the district court did not abuse its discretion in revoking Coit's supervised release, as it need only find a violation of release conditions by a preponderance of the evidence. The appeals court also finds that the district court did not err in its consideration of family and employment factors under the law.

    Original Description:

    Filed: 2008-07-21 Precedential Status: Non-Precedential Docket: 07-4952

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    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Robert Coit's appeal of a district court's judgment revoking his supervised release and sentencing him to additional imprisonment and supervised release. The appeals court affirms the district court's judgment, finding that the district court did not abuse its discretion in revoking Coit's supervised release, as it need only find a violation of release conditions by a preponderance of the evidence. The appeals court also finds that the district court did not err in its consideration of family and employment factors under the law.

    Copyright:

    Public Domain
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    4 views3 pages

    United States v. Coit, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Robert Coit's appeal of a district court's judgment revoking his supervised release and sentencing him to additional imprisonment and supervised release. The appeals court affirms the district court's judgment, finding that the district court did not abuse its discretion in revoking Coit's supervised release, as it need only find a violation of release conditions by a preponderance of the evidence. The appeals court also finds that the district court did not err in its consideration of family and employment factors under the law.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-4952

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ROBERT WILLIAM COIT, III,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Beckley.
    Thomas E. Johnston,
    District Judge. (5:04-cr-00129)

    Submitted:

    March 26, 2008

    Decided:

    July 21, 2008

    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Troy N. Giatras, THE GIATRAS LAW FIRM, PLLC, Charleston, West


    Virginia, for Appellant.
    Charles T. Miller, United States
    Attorney, John L. File, Assistant United States Attorney,
    Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert William Coit, III, appeals the district courts
    judgment revoking his supervised release and sentencing him to
    fourteen months of imprisonment to be followed by twenty-two months
    of supervised release.
    in

    revoking

    his

    Coit argues that the district court erred

    supervised

    release

    because

    it

    did

    not

    give

    sufficient weight to family and employment considerations pursuant


    to 18 U.S.C.A. 3553 (West 2000 & Supp. 2007).

    Finding no error,

    we affirm.
    We review a district courts order imposing a sentence
    after revocation of supervised release for abuse of discretion.
    United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995).

    The

    district court abuses its discretion when it fails or refuses to


    exercise its discretion or when its exercise of discretion is
    flawed by an erroneous legal or factual premise.
    Jacobson, 6 F.3d 233, 239 (4th Cir. 1993).

    See James v.

    The district court need

    only find a violation of a condition of supervised release by a


    preponderance of the evidence.
    Other

    than

    statements

    about

    See 18 U.S.C. 3583(e)(3) (2000).


    his

    family

    and

    his

    employment

    potential, none of Coits arguments was presented to the district


    court during the revocation hearing.

    We therefore review Coits

    assertions of error for plain error.

    See Fed. R. Crim. P. 52(b);

    United

    States

    v.

    Olano,

    507

    U.S.

    725,

    731-32

    States v. Carr, 303 F.3d 539, 543 (4th Cir. 2002).

    - 2 -

    (1993);

    United

    Our review of

    the record leads us to conclude that the district court did not err
    or otherwise abuse its discretion in revoking Coits supervised
    release.
    We therefore affirm the district courts judgment.

    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

    - 3 -

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