UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4109

JOHN PAUL QUINN,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

W. Earl Britt, District Judge.

(CR-95-81-BR)

Submitted: August 5, 1997

Decided: September 10, 1997

Before HALL, LUTTIG, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

William Arthur Webb, Federal Public Defender, G. Alan DuBois,

Assistant Federal Public Defender, Raleigh, North Carolina, for

Appellant. Janice McKenzie Cole, United States Attorney, Anne M.

Hayes, Assistant United States Attorney, J. Benjamin Davis, Third

Year Law Student, Raleigh, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

John Paul Quinn appeals the revocation of his supervised release

and the imposition of a seventeen-month prison sentence. Finding no

error, we affirm.

Quinn pled guilty to conspiring to distribute LSD. Quinn first violated his supervised release in early 1995. At the court's direction,

Quinn completed a drug treatment program. In late 1996, Quinn violated his supervised release a second time by missing several appointments with his probation officer, testing positive for use of a

controlled substance on four occasions, and failing to report to a drug

treatment program ordered by the probation officer for an intake

assessment. The district court revoked the supervised release and

imposed a seventeen-month term of imprisonment. At the revocation

hearing, the court provided the following reason for imprisoning

Quinn:

The Court: Well, Mr. Quinn, I'm at the point now that it's

not a matter of punishment. . . . Judge Bryan sentenced you

in the Eastern District of Virginia and imposed what was

punishment. At this point I'm more interested in helping you

and treating you. But I don't believe leaving you here to

cope with these matters primarily on your own is in your

best interest. I fully agree with what [the probation officer]

has said, that you need the benefit of the treatment that can

be afforded to you in a controlled setting. And it's for that

reason that I'm going to follow the recommendations of the

probation office.

(J.A. at 24). Quinn claims that the district court improperly considered his need for rehabilitation when it revoked supervised release

and determined the length of imprisonment. Because he failed to

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object below, we review Quinn's appeal only for plain error. See

United States v. Olano, 507 U.S. 725, 732-37 (1993).

The district court did not plainly err by considering Quinn's need

for rehabilitation. The statute governing the imposition and revocation

of supervised release expressly permits consideration of a defendant's

need for rehabilitation. 18 U.S.C.A. § 3583 (West 1985 & Supp.

1997). Section 3583(e) directs the court to consider the factors set

forth in 18 U.S.C.A. § 3553(a) (West 1985 & Supp. 1997), which

include the defendant's need for "educational or vocational training,

medical care, or other correctional treatment." 18 U.S.C.A.

§ 3553(a)(2)(D). Thus, the express language of§ 3583 allows the district court to consider Quinn's need for rehabilitation in revoking

supervised release and determining the length of imprisonment. See

United States v. Jackson, 70 F.3d 874, 880 (6th Cir. 1995); United

States v. Giddings, 37 F.3d 1091, 1097 (5th Cir. 1994); United States

v. Anderson, 15 F.3d 278, 282-83 (2d Cir. 1994).

Accordingly, we affirm the district court's order. 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.

AFFIRMED

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