United States v. Donald Lee Dugan

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-3290
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Ebony D. Williams, * [UNPUBLISHED]
*
Appellant. *
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Submitted: January 4, 2001
Filed: January 19, 2001
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Before LOKEN, FAGG, and BYE, Circuit Judges.
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PER CURIAM.
Within days after being placed on the supervised release portion of a sentence
she received for passing counterfeit currency, Ebony D. Williams violated a release
condition based on her failure successfully to participate in a community corrections
center program. Following a revocation hearing at which she stipulated to the violation,
the district court revoked supervised release and imposed 16 months imprisonment and
20 months additional supervised release. Williams challenges her sentence on appeal,
and we affirm.

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When a district court finds by a preponderance of the evidence that a defendant
has violated a supervised release condition, the district court may revoke supervised
release and impose imprisonment without credit for time previously served on
postrelease supervision. See 18 U.S.C. § 3583(e)(3). We review for abuse of
discretion. See United States v. Grimes, 54 F.3d 489, 492 (8th Cir. 1995).
Having reviewed the record and Williams’s brief, we conclude her revocation
sentence neither exceeds the limits of section 3583(e), nor constitutes an abuse of
discretion by the district court. See 18 U.S.C. §§ 472, 3559(a), 3583(e)(3), 3583(h).
We thus affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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