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United States v. Padgett

United States Court of Appeals, Fourth Circuit

June 9, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
ROBERT PADGETT, a/k/a Snoop, Defendant - Appellant

Argued May 13, 2015

Page 371

Appeals from the United States District Court for the Southern District of West Virginia, at Huntington and Charleston. 3:98-cr-00048-3; 2:09-cr-00160-1. Irene C. Berger, District Judge.

ARGUED:

Carl E. Hostler, PRIM LAW FIRM, PLLC, Hurricane, West Virginia, for Appellant.

Candace Haley Bunn, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

ON BRIEF:

R. Booth Goodwin II, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Before MOTZ, SHEDD, and DIAZ, Circuit Judges. Judge Motz wrote the opinion, in which Judge Shedd and Judge Diaz joined.

OPINION

Page 372

DIANA GRIBBON MOTZ, Circuit Judge

The district court revoked Robert L. Padgett's two concurrent terms of supervised release and sentenced him to consecutive terms of imprisonment, followed by new concurrent terms of supervised release. Padgett appeals, and for the reasons that follow, we affirm.

I.

These consolidated cases boast a lengthy procedural history that we summarize briefly. In 1998, Padgett was convicted of conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. § 846. In 2009, he was again convicted, this time for attempted escape from custody in violation of 18 U.S.C. § 751(a). Padgett's sentence for each conviction included a term of supervised release. In January 2013, the district court revoked Padgett's supervised release in both cases in a consolidated order not at issue in this appeal. The court then sentenced Padgett to two days ...


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