United States v. Gillis

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-4548

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DERCK GILLIS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-90-378)

Submitted: December 10, 2004 Decided: December 29, 2004

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alan H. Yamamoto, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Avner Shapiro, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Derck Gillis appeals from the revocation of his

supervised release. His sole issue on appeal is that there was

insufficient evidence to support the district court’s finding that

he possessed marijuana with the intent to distribute it. We do not

find that the district court abused its discretion by finding that

Gillis violated his supervised release in this manner. United

States v. Copley, 978 F.2d 829, 831 (4th Cir. 1992). This court

does not review credibility determinations on appeal. United

States v. Burgos, 94 F.3d 849, 863 (4th Cir. 1996). Accordingly,

we affirm Gillis’ conviction. 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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