UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                        No. 95-5926

JAMES A. CLEMENT,
Defendant-Appellant.

Appeal from the United States District Court
for the Southern District of West Virginia, at Beckley.
Elizabeth V. Hallanan, District Judge.
(CR-92-195)

Submitted: May 14, 1996

Decided: August 6, 1996

Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Hunt L. Charach, Federal Public Defender, C. Cooper Fulton, Assis-
tant Federal Public Defender, Charleston, West Virginia, for Appel-
lant. Rebecca A. Betts, United States Attorney, John L. File, Assistant
United States Attorney, Charleston, West Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION

PER CURIAM:

James Clement appeals the district court's order revoking his
supervised release and imposing a sentence of twenty-four months
incarceration. Clement contends that the district court clearly erred
when it found that he had violated the terms of his supervised release1
by committing a second-degree sexual assault2 upon an elderly
woman at the nursing home where he was employed. Finding that the
district court's factual determination was not clearly erroneous, we
affirm.

At the revocation proceedings, the district court found the victim
of the assault to be highly credible and her testimony compelling. The
victim testified that Clement forcibly assaulted her while giving her
a bath alone in her room at the nursing home. When she told Clement
to stop, Clement refused. Additionally, the nursing home administra-
tor and director of nursing testified to the victim's reputation for
veracity, and that they had never known her to lie, exaggerate, or suf-
fer from delusions. Further, the victim's description of the assault
remained consistent from the time she reported the assault until she
testified in court.

Under such circumstances, we cannot find that the district court
abused its discretion in revoking Clement's supervised release; there-
fore, we affirm the district court's revocation of Clement's supervised
release.3 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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1 18 U.S.C.A. § 3583(e)(3) (West Supp. 1994).

2 W. VA. CODE § 61-8B-4 (1992).

3 See United States v. Stephenson , 928 F.2d 728, 731 (6th Cir. 1991).

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