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United States v. Riley

United States Court of Appeals, Fourth Circuit

April 3, 2019

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JOSHUA WAYNE RILEY, Defendant-Appellant.

          Argued: January 29, 2019

          Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, Chief District Judge. (5:13-cr-00002-MFU-1)

         ARGUED:

          Lisa M. Lorish, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant.

          Grayson A. Hoffman, OFFICE OF THE UNITED STATES ATTORNEY, Harrisonburg, Virginia, for Appellee.

         ON BRIEF:

          Frederick T. Heblich, Jr., Interim Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant.

          Thomas T. Cullen, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

          Before THACKER and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

          TRAXLER, SENIOR CIRCUIT JUDGE:

         Based on statements made by Joshua Wayne Riley to his probation officer, the district court determined that Riley violated the conditions of his supervised release and sentenced Riley to twenty months' imprisonment. Riley appeals, arguing that the use of his statements violated the Fifth Amendment and that, absent corroboration, the court erred by finding his statements sufficient to establish the violations. We find no reversible error and therefore affirm the judgment of the district court.

         I.

         Riley was convicted on federal drug-related charges in 2013. He was released from prison in 2016 and began serving a five-year term of supervised release. Although Riley tested positive for methamphetamine several times between March 2017 and February 2018, his probation officer did not seek revocation of his supervised release.

         On March 16, 2018, Riley was stopped for a traffic infraction by local law enforcement officers, who found methamphetamine while searching Riley's car. He was charged by the state with possession of a controlled substance. Riley's federal probation officer thereafter petitioned the district court for an arrest warrant, alleging that Riley violated the terms of his supervised release by being arrested and by ...


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