United States of America v. Keith Paul

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4638
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEITH PAUL,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. David A. Faber,
Senior District Judge. (2:07-cr-00044-2)
Submitted: March 24, 2014 Decided: April 4, 2014
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark William Browning, SHUMAN, MCCUSKEY & SLICER, PLLC,
Charleston, West Virginia, for Appellant. R. Booth Goodwin II,
United States Attorney, Monica D. Coleman, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Keith Paul appeals the district court’s order revoking
his supervised release. Paul contends that the district court
erred in denying his motion to suppress evidence allegedly
seized in violation of his Fourth Amendment rights. Finding no
reversible error, we affirm.
We review de novo a district court’s legal conclusions
on a motion to suppress. United States v. McGee, 736 F.3d 263,
269 (4th Cir. 2013), pet. for cert. filed, ___ S. Ct. ___ (Feb.
14, 2014) (No. 13-8810). Paul’s claim that seized evidence
should have been suppressed fails because the exclusionary rule
does not apply in supervised release revocation proceedings.
See Pa. Bd. of Prob. & Parole v. Scott, 524 U.S. 357, 365 (1998)
(stating that “exclusionary rule . . . is incompatible with the
traditionally flexible, administrative procedures of parole
revocation”); United States v. Armstrong, 187 F.3d 392, 393-95
(4th Cir. 1999) (applying Scott in context of federal supervised
release revocation proceedings).
We therefore affirm the district court’s order. 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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