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    United States v. Crawford, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Vern Odell Crawford's supervised release revocation. The district court had revoked Crawford's supervised release based on his failure to comply with conditions requiring him to provide financial information to his probation officer and pay a $100,000 fine and $5,934.65 in prosecution costs. The Fourth Circuit affirmed the district court's revocation, finding that the government had established Crawford failed to comply with the terms of his release. The Fourth Circuit also rejected Crawford's claim that his probation officer and the district court had an improper ex parte meeting, as the record did not support that such a meeting occurred.

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    United States v. Crawford, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Vern Odell Crawford's supervised release revocation. The district court had revoked Crawford's supervised release based on his failure to comply with conditions requiring him to provide financial information to his probation officer and pay a $100,000 fine and $5,934.65 in prosecution costs. The Fourth Circuit affirmed the district court's revocation, finding that the government had established Crawford failed to comply with the terms of his release. The Fourth Circuit also rejected Crawford's claim that his probation officer and the district court had an improper ex parte meeting, as the record did not support that such a meeting occurred.

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    Filed: 2003-03-17 Precedential Status: Non-Precedential Docket: 02-4789

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Vern Odell Crawford's supervised release revocation. The district court had revoked Crawford's supervised release based on his failure to comply with conditions requiring him to provide financial information to his probation officer and pay a $100,000 fine and $5,934.65 in prosecution costs. The Fourth Circuit affirmed the district court's revocation, finding that the government had established Crawford failed to comply with the terms of his release. The Fourth Circuit also rejected Crawford's claim that his probation officer and the district court had an improper ex parte meeting, as the record did not support that such a meeting occurred.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    18 views3 pages

    United States v. Crawford, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Vern Odell Crawford's supervised release revocation. The district court had revoked Crawford's supervised release based on his failure to comply with conditions requiring him to provide financial information to his probation officer and pay a $100,000 fine and $5,934.65 in prosecution costs. The Fourth Circuit affirmed the district court's revocation, finding that the government had established Crawford failed to comply with the terms of his release. The Fourth Circuit also rejected Crawford's claim that his probation officer and the district court had an improper ex parte meeting, as the record did not support that such a meeting occurred.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    VERN ODELL CRAWFORD,
    Defendant-Appellant.

    No. 02-4789

    Appeal from the United States District Court


    for the Western District of Virginia, at Harrisonburg.
    Jackson L. Kiser, Senior District Judge.
    (CR-95-108)
    Submitted: March 3, 2003
    Decided: March 17, 2003
    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    COUNSEL
    Michael T. Hemenway, Charlottesville, Virginia, for Appellant. John
    L. Brownlee, United States Attorney, Thomas Linn Eckert, Assistant
    United States Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    UNITED STATES v. CRAWFORD

    OPINION
    PER CURIAM:
    Vern Odell Crawford appeals the district courts order revoking his
    supervised release. Crawford was convicted on one count of obstructing justice and two counts of wilfully failing to file tax returns. Crawford was sentenced to fifty-one months incarceration and three years
    of supervised release. Crawfords release entailed two conditions relevant on appeal: Crawford was to provide his Probation Officer with
    "access to any requested financial information" and Crawford was to
    pay a $100,000 fine, and $5,934.65 in prosecution costs. The district
    court entered an order revoking Crawfords release based on his failure to comply with these terms.
    First, Crawford argues the district court erred in revoking his
    supervised release; specifically, Crawford argues that he failed to
    make payments towards his fine and prosecution costs because he
    lacked the funds to make any payments, and that he never failed to
    disclose financial information to his Probation Officer because he
    never had financial information to disclose. This Court reviews a district courts revocation of an individuals supervised release for abuse
    of discretion. United States v. Copley, 978 F.2d 829, 831 (4th Cir.
    1992). Crawfords claim is meritless. The Government established
    Crawford failed to comply with the disclosure and payment terms of
    his supervised release. 18 U.S.C. 3603 (2000); United States v.
    Woodrup, 86 F.3d 359, 361 (4th Cir. 1996).
    Second, Crawford alleges his Probation Officer and the district
    court conducted an ex parte meeting to discuss his case, in violation
    of his constitutional rights. Crawford cannot prevail on this claim
    absent a showing of plain error. See United States v. Promise, 255
    F.3d 150, 154 (4th Cir. 2001). The record does not demonstrate an ex
    parte meeting occurred, and Crawford cannot establish an ex parte
    meeting would violate his constitutional rights, in any event. United
    States v. Washington, 146 F.3d 219, 223 (4th Cir. 1998); United
    States v. Johnson, 935 F.2d 47, 49-50 (4th Cir. 1991).
    Accordingly, we affirm the district courts order revoking Crawfords supervised release. We dispense with oral argument because

    UNITED STATES v. CRAWFORD

    the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process.
    AFFIRMED

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