US v. Roger King, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:03-cr-00032-IMK-8 Copies to all parties and the district court/agency. [998780357].. [11-4793]

Appeal: 11-4793

Document: 19

Date Filed: 02/03/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4793

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER KING, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:03-cr-00032-IMK-8)

Submitted:

January 10, 2012

Decided:

February 3, 2012

Before SHEDD, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Katy J. Cimino, Assistant Federal Public Defender, Clarksburg,
West Virginia, for Appellant. William J. Ihlenfeld, II, United
States Attorney, John C. Parr, Assistant United States Attorney,
Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Roger King, Jr. appeals the twenty-four month sentence
imposed

for

his

violation

of

the

conditions

of

supervised

release that were imposed on his prior federal drug conviction.
We affirm.
King’s sole argument on appeal is that the district
court placed on King the burden of proving that he had not
violated the conditions of his supervised release, and that this
allocation of the burden of proof constituted reversible error.
Because

he

did

not

object

on

these

grounds

court, our review is for plain error.

in

the

district

See United States v.

Maxwell, 285 F.3d 336, 339 (4th Cir. 2002).

Accordingly, King

must

that

identify

an

error

substantial rights.
342–43

(4th

committed

Cir.

plain

2009).

Even

error,

of

“the

seriously

public

justice

reputation

is

plain

and

affects

his

United States v. Massenburg, 564 F.3d 337,

miscarriage
error

that

we

will

would

the

the

not

the

judicial

district

correct

otherwise

affect[s]

of

where

has

unless

it

result,”

fairness,

court

“a

meaning
integrity,

proceedings.”

that
or

United

States v. Olano, 507 U.S. 725, 736 (1993).
Our review of the record in this case convinces us
that

any

error

on

the

district

King’s substantial rights.
F.3d

235,

240

(4th

Cir.

court’s

part

did

not

affect

See United States v. Hastings, 134
1998)
2

(noting

that

the

defendant’s

Appeal: 11-4793

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Date Filed: 02/03/2012

Page: 3 of 3

burden on plain error review is to show that the outcome of the
proceedings was actually affected by the error).

After all, to

revoke supervised release, a district court need only find a
violation

of

preponderance

a
of

condition
the

of

evidence.

supervised
See

18

release

U.S.C.

§

by

a

3583(e)(3)

(2006); United States v. Bujak, 347 F.3d 607, 609 (6th Cir.
2003); United States v. Copley, 978 F.2d 829, 831 (4th Cir.
1992).

This

burden

“simply

requires

the

trier

of

fact

to

believe that the existence of a fact is more probable than its
nonexistence.”

United States v. Manigan, 592 F.3d 621, 631 (4th

Cir. 2010) (internal quotation marks omitted).
In this case, the district court expressed that it had
“no doubt” that King had committed at least the most serious
violation

of

the

conditions

of

his

supervised

release.

The

record demonstrates that the district court would have reached
this conclusion regardless of whether it had tasked King or the
Government with the duty to prove its case by a preponderance.
Accordingly, we affirm the judgment of the district court.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the material before the
court and argument will not aid the decisional process.

AFFIRMED

3