UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-4222

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

KIMARIO JERROD SIMMONS,

 Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Charleston. Richard Mark Gergel, District Judge. (2:11-cr-02114-RMG-1)

Submitted: January 25, 2019 Decided: January 29, 2019

Before AGEE and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

William Wharton Watkins, Sr., WILLIAM W. WATKINS, PA, Columbia, South 

Carolina, for Appellant. Sherri A. Lydon, United States Attorney, Columbia, South 

Carolina, Jamie L. Schoen, Assistant United States Attorney, OFFICE OF THE UNITED 

STATES ATTORNEY, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Kimario Jerrod Simmons appeals the district court’s order revoking his supervised 

release and sentencing him to 18 months of imprisonment, followed by 18 months of 

supervised release. On appeal, Simmons challenges the court’s revocation judgment, 

asserting that the court made errors on the face of the judgment. For the reasons that 

follow, we affirm.

Simmons first argues that, in the amended judgment, the district court erroneously 

checked the box on the judgment form indicating that Simmons was found guilty of the 

supervised release violations after denying his guilt. Here, the supervised release 

violation report charged Simmons with two instances of new criminal conduct after twice 

being arrested on state charges and with two other minor violations. At the revocation 

hearing, Simmons asserted that he had no objection to the report, but did not admit his 

guilt of the underlying state charges and averred that he intended to fight those charges in 

state court. In the amended judgment, the district court checked the box indicating that 

Simmons was found guilty of the supervised release violations after denying his guilt, 

rather than the box indicating that he admitted the violations. This was not erroneous. 

Cf. United States v. Bird, 219 F. App’x 713, 714 (9th Cir. 2007) (No. 06-30041) 

(remanding for court to amend judgment from stating that defendant admitted guilt to 

stating that defendant was found guilty after denial of guilt where defendant admitted 

only that he was arrested for state charges but did not admit guilt of those offenses). 

Simmons also argues that the district court erroneously failed to remove the 

condition for drug testing from the revocation judgment. However, at the revocation 
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hearing, the district court made clear that it intended to impose only the mandatory drug 

testing condition and not a special condition of supervised release for any drug testing 

beyond that required in the mandatory condition. The revocation judgment accurately 

reflects this ruling.

Accordingly, we affirm the judgment of the district court. We dispense with oral 

argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid in the decisional process.

AFFIRMED