US v. Jovan McLaughlin
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:08-cr-00147-RJC-1 Copies to all parties and the district court/agency. [1000018544].. [16-4405]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4405
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOVAN MARQUELL MCLAUGHLIN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:08-cr-00147-RJC-1)
Submitted:
January 26, 2017
Decided:
February 7, 2017
Before GREGORY, Chief Judge, and MOTZ and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Roderick G. Davis, LAW OFFICE
Charlotte, North Carolina, for
Rose, United States Attorney,
States Attorney, Asheville, North
OF RODERICK G. DAVIS, PLLC,
Appellant.
Jill Westmoreland
Amy E. Ray, Assistant United
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jovan Marquell McLaughlin appeals the judgment revoking his
supervised release and sentencing him to 12 months imprisonment.
On appeal, McLaughlin alleges that the district court erred by
denying his motion to continue his revocation hearing so that he
could receive a competency hearing under 18 U.S.C. § 4241(a)
(2012).
We
For the reasons that follow, we affirm.
review
for
abuse
of
denial of a continuance.
discretion
the
district
court’s
United States v. Williams, 445 F.3d
724, 738-39 (4th Cir. 2006).
Whether reasonable cause exists to
hold a hearing under § 4241(a) “is a question left to the sound
discretion of the district court.”
708 F.3d 583, 592 (4th Cir. 2013).
by
the
district
revocation
§ 4241.
court
hearing
in
to
United States v. Bernard,
We find no reversible error
declining
permit
to
continue
McLaughlin’s
McLaughlin’s
evaluation
under
The district court perceived McLaughlin’s behavior was
a product of his defiance and adherence to Moorish Nationalist
ideals,
rather
than
any
mental
instability
understand his revocation proceedings.
discretion of the district court.
United
States
v.
James,
328
or
inability
to
This was well within the
Bernard, 708 F.3d at 592; see
F.3d
953,
954
(7th
Cir.
2003)
(explaining that Moorish Nationals believe that they “need obey
only
those
laws
mentioned
in
an
United States and Morocco”).
2
ancient
treaty
between
the
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Accordingly, we affirm, the district court’s judgment.
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
3
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