794 Fed.Appx. 350 (4th Cir. 2020), 19-4478, United States v. Thompson

• Docket Nº: 19-4478
• Citation: 794 Fed.Appx. 350
• Opinion Judge: PER CURIAM:
• Party Name: UNITED STATES of America, Plaintiff-Appellee, v. John Charles THOMPSON, Defendant-Appellant.
• Attorney: Simon Massie, MASSIE LAW PLLC, Charlotte, North Carolina, for Appellant. R. Andrew Murray, United States Attorney, Elizabeth M. Greenough, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.
• Judge Panel: Before AGEE, RICHARDSON, and QUATTLEBAUM, Circuit Judges.
• Case Date: February 24, 2020
• Court: United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 350

794 Fed.Appx. 350 (4th Cir. 2020)

UNITED STATES of America, Plaintiff-Appellee,

v.

John Charles THOMPSON, Defendant-Appellant.

No. 19-4478

United States Court of Appeals, Fourth Circuit

February 24, 2020

Submitted: January 29, 2020

UNPUBLISHED

Editorial Note:

Unpublished opinions are not binding precedent in this circuit. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:15-cr-00017-RJC-1)

Simon Massie, MASSIE LAW PLLC, Charlotte, North Carolina, for Appellant.

R. Andrew Murray, United States Attorney, Elizabeth M. Greenough, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Before AGEE, RICHARDSON, and QUATTLEBAUM, Circuit Judges.

OPINION

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Charles Thompson appeals the district court’s order revoking his supervised release and imposing an 18-month term of imprisonment to be followed by 5 years’ supervised release. Thompson contends that the court lacked authority to impose a five-year term of supervised release and therefore the sentence imposed is plainly unreasonable. We affirm.

In 2015, Thompson pled guilty to traveling in interstate commerce and knowingly failing to register and update his registration as required by the Sex Offender Registration and Notification Act ("SORNA"), 34 U.S.C.A. § 20913 (West 2012 & Supp. 2019), see 18 U.S.C. § 2250(a) (2018). The district court sentenced Thompson to 27 months’ imprisonment, to be followed by a 5-year term of supervised release. In March 2018, the district court revoked Thompson’s supervision and sentenced him to time served plus five years of supervised release.

In April 2019, Thompson admitted to additional violations of the terms of his supervision. With respect to a sentence to be imposed upon revocation, Thompson argued that the maximum term of supervised release for his underlying violation was five years and that this had to be reduced by the active prison sentences imposed on prior revocations as well as the instant revocation. The district court disagreed, reasoning that Thompson’s sentence was not limited by the aggregate of prior revocation sentences. The...