United States of America v. Virgil Avery Withers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4391
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VIRGIL AVERY WITHERS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:11-cr-00371-CCE-1)
Submitted: November 19, 2013 Decided: November 21, 2013
Before WYNN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Virgil Avery Withers, Appellant Pro Se. Clifton Thomas Barrett,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Virgil Avery Withers, who finished serving a 151-month
sentence on his conviction to two counts of bank robbery, now
appeals the district court’s order modifying the conditions of
his supervised release to require him to participate in a
program of the Residential Re-entry Center. Because “[d]istrict
courts have broad latitude to impose conditions on supervised
release,” the conditions imposed are reviewed “only for abuse of
discretion.” United States v. Armel, 585 F.3d 182, 186 (4th
Cir. 2009) (internal quotation marks omitted). On appeal,
Withers challenges, as he did below, the district court’s
jurisdiction to convict him on the original charges. Because
Withers fails to specifically challenge the modification order
and we find no abuse of discretion, we affirm. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED

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