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No. 14-4845
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
John T. Copenhaver,
Jr., District Judge. (2:13-cr-00277-1)
Submitted:
Decided:
PER CURIAM:
Brandon
Solomon
appeals
the
district
courts
judgment
of
18
months
imprisonment.
Solomon
argues
that
the
courts
ultimate
decision
to
revoke
We review a
a
defendants
underlying
revocation
for
clear
error.
United
Credibility
856,
858
(8th
Cir.
(Witness
credibility
is
However, when
the court of appeals may well find clear error even in a finding
purportedly
based
on
credibility
determination.
United
States v. Prokupek, 632 F.3d 460, 462 (8th Cir. 2011) (internal
quotation marks, brackets, and ellipses omitted).
Having
reviewed
the
transcript
and
record
of
Solomons
Although
neither
prevented
rendered
reasonable
the
identifications
trier
of
fact
from
implausible
nor
relying
the
on
446,
454
(4th
Cir.
2014)
(concluding
that
existence
of
trier
of
fact
from
giving
weight
to
identification
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
3