76 F. 3d 376 - United States v. Waldon

Ivan Dwight Waldon appeals the district court order revoking his supervised release and imposing a sentence of twenty-one months. Waldon contends that the district court clearly erred when it found that a positive urine screen for cocaine, by itself, was sufficient to establish knowing possession of a controlled substance during supervised release in violation of 18 U.S.C.A. § 3583(g) (West Supp.1995). Finding that the district court's factual determination was not clearly erroneous, we affirm.

We have previously held that the determination of whether culpable use is established solely by laboratory tests is properly left to the district courts. United States v. Clark, 30 F.3d 23, 26 n. 2 (4th Cir.), cert. denied, --- U.S. ----, 63 U.S.L.W. 3421 (U.S. Nov. 28, 1994) (No. 94-6495); see also United States v. Almand, 992 F.2d 316, 318 (11th Cir.1993) (district court's finding that positive urine test was sufficient to establish possession of drugs under § 3583(g) was not clearly erroneous). Furthermore, in the instant case, in addition to the positive drug screen, the Government offered evidence of a continuing pattern of drug abuse by Waldon. Waldon offered no evidence of passive or innocent ingestion of cocaine and did not dispute the results of his urine analysis.

Under such circumstances, we cannot find the district court's determination clearly erroneous, and we thus affirm the district court's revocation of supervised release. We dispense with oral argument, because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.