United States of America, Plaintiff-appellee, v. Thomas Anthony Saunders, A/k/a Rocky, Defendant-appellant, 7 F.3d 228 (4th Cir. 1993)

Thomas Anthony Saunders appeals from the district court's order revoking his term of supervised release under 18 U.S.C.A. § 3583(g) (West Supp. 1993), after Saunders tested positive for and admitted to cocaine use. Saunders argues on appeal that personal use does not constitute proof of possession for purposes of the termination provision of § 3583(g). However, we recently held in the factually identical case of United States v. Battle, 993 F.2d 49 (4th Cir. 1993), that use does constitute possession within the meaning of the statute, and we are aware of no authority which would support Saunders' position to the contrary. Hence, the district court did not commit plain error in revoking Saunders' supervised release term on the basis of his personal use of cocaine, and we affirm its decision. 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