United States v. Roger Bruce Bugh, (8th Cir. 1997)

Text

---

United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 96-3594

United States of America, Appellee, v. Roger Bruce Bugh, Appellant.

Submitted: April 29, 1997 Filed: May 9, 1997

Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

PER CURIAM.

After Roger Bruce Bugh pleaded guilty to intending to commit larceny at a federally-insured bank, in violation of 18 U.S.C. § 2113(a), the 1district court sentenced him to 24 months imprisonment and two years supervised release. In October 1996, while serving his supervised release, Bugh admitted to violating his supervised-release conditions. The court revoked Bugh's supervised release, sentencing him to serve 14 months imprisonment and thereafter to resume his supervised-release term until June 9, 1998the expiration of his original term of supervised release (a period of approximately ten months). Bugh appeals, and we affirm.

Bugh challenges the supervised-release portion of his revocation sentence, arguing that other circuits have disagreed with our decision in United States v. Schrader, 973 F.2d 623, 624-25 (8th Cir. 1992) (district court can impose imprisonment and supervised release under 18 U.S.C. § 3583(e)(3) following revocation of supervised release). Bugh§ 3583(e)(3) may include both imprisonment and supervised release, as long as aggregate of terms is less than or equal to original term of supervised release); United States v. Hartman, 57 F.3d 670, 671 (8th Cir. 1995) (per curiam) (noting this circuit has repeatedly refused to reconsider Schrader en banc).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States

District Court for the

District of Minnesota.

[UNPUBLISHED]

[1] The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota.

---