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U.S. v. HAGER

No. 01-4431.

288 F.3d 136 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Z. HAGER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 2002.

Attorney(s) appearing for the Case

ARGUED: Edward Henry Weis, First Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Robert Booth Goodwin, II, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Acting Federal Public Defender, Charleston, West Virginia, for Appellant.

Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge.

Defendant Gary Hager contends that the district court erred by not crediting the time he served on home confinement following his first violation of supervised release against the maximum prison term that could be imposed under 18 U.S.C. § 3583(e)(3) for a subsequent violation...

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