Decided: June 9, 2015
The Fourth Circuit upheld the District Court’s revocation of Defendant’s two current terms of supervised release and sentence of consecutive terms of imprisonment, followed by new concurrent terms of supervised release.
Defendant was convicted in 1998 of conspiracy to distribute and possess, with intent to distribute cocaine, in violation of 21 U.S.C. § 846. In 2009, he was convicted for attempted escape from custody. This appeal stems from the District Court’s revocation of Defendant’s supervised release in 2014. The District Court held that the Government had proven by a preponderance of the evidence, through three witness testimonies, that Padgett had possessed a firearm. The Fourth Circuit reviewed the District Court’s factual findings underlying the revocation for clear error. The Court concluded that the District Court did not clearly err in finding that the Defendant possessed a firearm, and therefore, revocation of his supervised release was not an abuse of discretion.
Accordingly, the Fourth Circuit affirmed the District Court’s judgment.