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    United States v. Earl Breeden, SR., 907 F.2d 1140, 4th Cir. (1990)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding the revocation of Earl Breeden's probation. Breeden had pleaded guilty to drug charges and was given a suspended sentence and probation. During his probation, Breeden twice tested positive for cocaine use and failed to attend a required alcohol abuse program. Based on this evidence, the district court revoked Breeden's probation and imposed a prison sentence. The Fourth Circuit affirmed the district court's decision, finding that the evidence of Breeden's cocaine use was sufficient to support revoking his probation.

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    United States v. Earl Breeden, SR., 907 F.2d 1140, 4th Cir. (1990)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding the revocation of Earl Breeden's probation. Breeden had pleaded guilty to drug charges and was given a suspended sentence and probation. During his probation, Breeden twice tested positive for cocaine use and failed to attend a required alcohol abuse program. Based on this evidence, the district court revoked Breeden's probation and imposed a prison sentence. The Fourth Circuit affirmed the district court's decision, finding that the evidence of Breeden's cocaine use was sufficient to support revoking his probation.

    Original Description:

    Filed: 1990-06-01 Precedential Status: Non-Precedential Citations: 907 F.2d 1140 Docket: 89-5808

    Original Title

    United States v. Earl Breeden, Sr., 907 F.2d 1140, 4th Cir. (1990)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding the revocation of Earl Breeden's probation. Breeden had pleaded guilty to drug charges and was given a suspended sentence and probation. During his probation, Breeden twice tested positive for cocaine use and failed to attend a required alcohol abuse program. Based on this evidence, the district court revoked Breeden's probation and imposed a prison sentence. The Fourth Circuit affirmed the district court's decision, finding that the evidence of Breeden's cocaine use was sufficient to support revoking his probation.

    Copyright:

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    Download as PDF or read online from Scribd
    Download as pdf
    21 views2 pages

    United States v. Earl Breeden, SR., 907 F.2d 1140, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding the revocation of Earl Breeden's probation. Breeden had pleaded guilty to drug charges and was given a suspended sentence and probation. During his probation, Breeden twice tested positive for cocaine use and failed to attend a required alcohol abuse program. Based on this evidence, the district court revoked Breeden's probation and imposed a prison sentence. The Fourth Circuit affirmed the district court's decision, finding that the evidence of Breeden's cocaine use was sufficient to support revoking his probation.

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    of 2

    907 F.

    2d 1140
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Earl BREEDEN, Sr., Defendant-Appellant.
    No. 89-5808.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 22, 1990.
    Decided June 1, 1990.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria. Albert V. Bryan, Jr., Chief District Judge. (CR
    No. 88-66-A)
    Lawrence E. Freedman, Fairfax, Va., for appellant.
    Henry E. Hudson, United States Attorney, John T. Martin, Assistant
    United States Attorney, Alexandria, Va., for appellee.
    E.D.Va.
    AFFIRMED.
    Before DONALD RUSSELL, WILKINSON and WILKINS, Circuit
    Judges.
    PER CURIAM:

    In April of 1988, the appellant, Earl Breeden, pleaded guilty to one count of
    conspiracy to distribute and possess with intent to distribute more than one
    kilogram of cocaine (21 U.S.C. Sec. 846) and one count of possession of

    cocaine with intent to distribute (21 U.S.C. Sec. 842(a)(1)). He was sentenced
    to a five-year term of imprisonment and a three-year special parole term. The
    district court, however, suspended the term of incarceration and ordered that
    Breeden be placed on a three-year term of supervised release.
    2

    During that period of probation, Breeden twice tested positive for cocaine and
    was regularly absent from an outpatient alcohol abuse program. Upon the
    recommendation of a United States Magistrate, the district court held a
    probation revocation hearing. After hearing the testimony of the appellant and
    Carl Copwood, the appellant's probation officer, the district court revoked
    Breeden's probation and imposed a term of imprisonment of nine months and a
    special parole term of three years. The district court based its decision on an
    August 18, 1989, urinalysis test, confirmed by secondary testing, which showed
    that the appellant had in fact used cocaine, a clear violation of the terms of his
    probation.

    After a thorough review of the record before us, we find that there was ample
    evidence upon which the district court could reasonably rely in making a
    decision to revoke probation. Title 18 U.S.C. Sec. 3651 grants the federal
    judiciary power to revoke probation. A district court has broad discretion when
    making decisions concerning the grant or revocation of probation. See United
    States v. Johnson, 892 F.2d 369 (4th Cir.1989). The evidence is clear that the
    appellant, convicted on a drug offense, used an illegal drug--cocaine--during
    and in violation of his probation. This alone is sufficient to support revocation
    of probation.

    We dispense with oral argument because the facts and legal contentions are set
    forth in the record before us, and further argument would not aid in the
    decisional process. The judgment of the district court is hereby

    AFFIRMED.

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