United States of America v. Charles W. Penland

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6892
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLES W. PENLAND,
Defendant – Appellant,
and
MARY PENLAND,
Petitioner,
326 HANSA LANE GREER SC; 4318 EAST NORTH STREET; KENNETH C.
ANTHONY, JR.,
Parties-in-Interest,
JERRY SAAD,
Receiver.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry F. Floyd, District Judge.
(7:05-cr-00710-HFF-1)
Submitted: January 31, 2012 Decided: February 2, 2012
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.

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Charles W. Penland, Sr., Appellant Pro Se. Deborah Brereton
Barbier, Assistant United States Attorney, Columbia, South
Carolina, Alan Lance Crick, Assistant United States Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charles W. Penland, Sr., appeals the district court’s
text order denying Penland’s motion to vacate the term of
supervised release imposed in his criminal judgment. Penland’s
motion was filed in January 2011, more than four years after
entry of his criminal judgment, which Penland has previously
appealed. See United States v. Penland, Nos. 06-5044/07-4201,
2007 WL 2985299 (4th Cir. Oct. 15, 2007) (unpublished)
(affirming judgment in part and dismissing in part, based on
appellate waiver).
Because the relief Penland sought was simply
unavailable by way of the instant motion, we discern no error in
the district court’s summary dismissal of the motion.
Accordingly, we affirm. Further, we deny as moot the pending
motion to supplement the record on appeal. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED

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