United States v. Ide, 4th Cir. (2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 10-4539

UNITED STATES OF AMERICA,


Plaintiff Appellee,
v.
DANA MICHAEL IDE,
Defendant Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Parkersburg.
Joseph R. Goodwin,
Chief District Judge. (6:01-cr-00256-3)

Submitted:

January 19, 2011

Decided:

February 7, 2011

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,


OFFICE OF THE FEDERAL PUBLIC DEFENDER, Christian M. Capece,
Assistant Federal Public Defender, Charleston, West Virginia,
for Appellant.
R. Booth Goodwin, II, United States Attorney,
Blaire L. Malkin, Assistant United States Attorney, Charleston,
West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Dana Michael Ide appeals the district courts April
29, 2010 order revoking his supervised release and sentencing
him to eleven months in prison.

The sole issue raised on appeal

is

3624(e)

whether,

supervised
pretrial

under

18

U.S.C.

release

is

tolled

detention

on

charges

convicted.

while
of

(2006),

term

of

defendant

is

held

in

which

he

is

subsequently

We recently held that such detention does toll the

supervised release term.

United States v. Ide, 624 F.3d 666,

667 (4th Cir. 2010).


Under this authority, the petition for revocation of
release filed in March 2010 was timely.
We

dispense

with

oral

argument

Accordingly, we affirm.

because

the

facts

and

legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.

AFFIRMED

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