Professional Documents
Culture Documents
No. 15-4543
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:11-cr-00358-CCE-1)
Submitted:
Decided:
PER CURIAM:
Shamell Devon Tate pled guilty to possession of ammunition
by a convicted felon, in violation of 18 U.S.C. 922(g) (2012).
He was sentenced to 37 months imprisonment, followed by a 3year
term
engaged
of
in
revocation
supervised
release.
After
criminal
conduct,
leading
new
of
his
supervised
his
release,
to
At
the
release.
petition
sentenced
him
to
18
months
Tate
for
revocation
The district
imprisonment
with
no
findings
underlying
revocation
for
clear
error.
United States v. Padgett, 788 F.3d 370, 373 (4th Cir. 2015).
Here, Tate admitted to the violations of his supervised release
and noted no objection to any part of the hearing.
no
error
in
the
district
supervised release.
courts
decision
to
We discern
revoke
Tates
district
court
has
broad
discretion
when
Webb,
sentence
738
F.3d
that
is
638,
640
within
(4th
the
Cir.
maximum
United States
2013).
statutory
imposing
revocation
and
is
not
Id. (internal
Cir.
2006).
reasonable
if
statements
the
revocation
district
contained
in
court
Chapter
sentence
has
is
procedurally
considered
Seven
of
the
the
policy
Sentencing
Id. at 439.
Thompson,
595
sentence
is
post-conviction
F.3d
544,
sentence.
547
substantively
(4th
Cir.
reasonable
United
2010).
if
the
States
A
v.
revocation
district
court
Only if
Id. at
439.
Here, the district court considered the parties arguments,
Tates
allocution,
and
the
relevant
statutory
factors
before
The district
of
his
violations
and
sentence
is
neither
his
history
of
violating
procedurally
nor
substantively
district court.
This court requires that counsel inform Tate, in writing,
of the right to petition the Supreme Court of the United States
for further review.
and
legal
contentions
are
adequately
presented
in
the
materials
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED