United States v. Davis ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 23, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-40453
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN K. DAVIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CR-163-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
John K. Davis appeals the revocation of his term of
supervised release, which he received for violating 18 U.S.C.
§ 666(a)(1)(B) (accepting a bribe relative to a program receiving
federal funds). We AFFIRM.
Davis contends that the district court abused its discretion
by denying his counsel’s motion to withdraw, filed on the day of
the revocation hearing. This lacks merit because Davis has made
no showing of a conflict of interest, as to which the district
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-40453
-2-
court made appropriate inquiry. See United States v. Rodriguez,
278 F.3d 486, 492 (5th Cir.), cert. denied, 536 U.S. 913 (2002).
Davis argues that the district court abused its discretion
by denying his motion for continuance of the revocation hearing.
Davis is not entitled to relief on this claim because he has
failed to show that the ruling resulted in prejudice to his
defense. See United States v. Dupre, 117 F.3d 810, 823
(5th Cir. 1997).
AFFIRMED.