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No. 12-4645
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:01-cr-00252-BO-1)
Submitted:
Decided:
PER CURIAM:
judgment
Jermaine
Remerius
finding
he
Pugh
violated
appeals
his
the
district
conditions
of
courts
supervised
abused
its
discretion
it
revoked
his
supervised
Pugh also
court
was
not
authorized
to
consider
whether
the
Finding
no error, we affirm.
We review a district courts decision to revoke an
individuals supervised release for abuse of discretion.
States v. Pregent, 190 F.3d 279, 282 (4th Cir. 1999).
United
To revoke
United States v. Copley, 978 F.2d 829, 831 (4th Cir. 1992).
This burden simply requires the trier of fact to believe that
the existence of a fact is more probable than its nonexistence.
United States v. Manigan, 592 F.3d 621, 631 (4th Cir. 2010)
(internal quotation marks omitted).
2
This
court
reviews
court
reviews
the
district
courts
factual
the
evidence
and
is
left
with
the
Anderson
We
have reviewed the record and conclude that the district court
did not abuse its discretion when it found that the Governments
evidence established Pugh violated his supervised release.
We
also
discern
no
error
in
the
district
courts
This court
438-40
(4th
Cir.
2006).
While
district
court
must
ultimately
has
broad
discretion
to
revoke
supervised
supervised
procedurally
reasonable
release
if
the
revocation
district
court
sentence
is
considered
the
And although the district court need not explain the reasons for
imposing a revocation sentence in as much detail as when it
imposes an original sentence, it still must provide a statement
of
reasons
for
the
sentence
imposed.
United
States
v.
Thompson, 595 F.3d 544, 547 (4th Cir. 2010) (internal quotation
marks
omitted).
reasonable
if
the
revocation
district
court
sentence
is
stated
proper
substantively
basis
for
is
found
procedurally
or
substantively
Only if a
unreasonable
record
and
have
considered
the
We have reviewed
parties
arguments
and
dispense
with
oral
argument
4
because
the
facts
and
legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED