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United States v. Dinger

decided: July 16, 1996.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HENRY H. DINGER, JR., DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (CR-92-8).

Before Hall, Wilkins, and Hamilton, Circuit Judges.

Per Curiam:

Henry H. Dinger, Jr., appeals the 24-month sentence imposed upon revocation of his supervised release. He contends that the district court did not consider the Revocation Table contained in the Sentencing Guidelines Chapter 7 policy statements, United States Sentencing Commission, Guidelines Manual, § 7B1.4(a), p.s. (Nov. 1994), as required by 18 U.S.C.A. § 3583(e) (West Supp. 1996). We affirm.

Dinger began serving a three-year term of supervised release in April 1995. In June 1995, after a hearing requested by the probation officer, the district court found that Dinger had violated a condition of his supervised release by drinking to excess on several occasions. The court modified Dinger's supervised release conditions by imposing a curfew. In July 1995, after Dinger twice failed to comply with the curfew, the district court again modified his supervised release conditions to include, among other things, electronic monitoring of his curfew, weekly meetings with a probation officer, a daily breathalyzer test, and intensive outpatient counseling for his alcohol problem.

In August 1995, Dinger was ten minutes late getting home on one occasion, tested positive for alcohol use on two occasions, and was arrested on state charges of public intoxication, disorderly conduct, obstructing an officer, and destruction of property.*fn* At a hearing in October 1995, Dinger offered explanations for each of his violations. Through counsel he requested a sentence within the revocation range, but he also stated that he needed inpatient treatment for his alcohol problem. The government asked for a two-year sentence for the safety of the community because of Dinger's failure to ...


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