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U.S. v. PENN

No. 93-5190.

17 F.3d 70 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Mitchell PENN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 17, 1994.

Attorney(s) appearing for the Case

ARGUED: Hunt Lee Charach, Federal Public Defender, Charleston, West Virginia; Gregory Stuart Smith, FEDERAL DEFENDER PROGRAM, INC., Atlanta, Georgia, for Appellant. Kelly D. Ambrose, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Michael W. Carey, United States Attorney, Charleston, West Virginia, for Appellee.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Under 18 U.S.C. § 3565(a), a defendant originally sentenced to a term of probation who is found to have violated a condition of probation ordinarily may either be continued on probation or may have his sentence of probation revoked, in which case the court may impose any other sentence that was available at the time of the defendant's original sentence. If the defendant's violation relates to possession of a controlled substance...

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