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United States v. Foggie
Citation: 48 F. App'x 487Docket: No. 02-3761
Court: Court of Appeals for the Sixth Circuit; September 17, 2002; Federal Appellate Court
Shawnte Foggie appeals the district court's order revoking his supervised release. In 2001, Foggie pleaded guilty to making false statements related to firearms acquisition, resulting in a six-month prison sentence followed by three years of supervised release. After commencing supervised release in April 2002, he faced a violation report in June 2002 for four breaches of release conditions, leading to the revocation of his release and an additional six-month imprisonment, along with a new one-year supervised release term. Foggie's counsel filed a motion to withdraw, presenting an Anders brief questioning the appropriateness of the revocation and new imprisonment term. Foggie did not respond to this motion. The appellate court reviewed the case for abuse of discretion regarding the revocation. The court found that the district court's decision was justified by a preponderance of evidence, as Foggie acknowledged failing to report to his probation officer, maintain full-time employment, and testing positive for marijuana. The court noted that Foggie's six-month prison sentence was within the recommended sentencing range established by the U.S. Sentencing Guidelines, which precludes appeal on the sentence. Consequently, the appellate court affirmed the district court's judgment and granted counsel’s motion to withdraw, citing lack of jurisdiction to review the sentence.