United States v. Chavez , 104 F. App'x 410 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 9, 2004
Charles R. Fulbruge III
Clerk
No. 03-40824
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME CHAVEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-151-ALL
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Jaime Chavez pleaded guilty pursuant to a written agreement to
transporting illegal aliens. Chavez appeals the 14-month sentence
he received after the district court revoked his second term of
supervised release.
Chavez argues that the district court plainly erred when it
revoked the second term of supervised release it imposed on
September 24, 2002, because, under 18 U.S.C. § 3583(d), the
district court was not authorized to impose as a condition of
*
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this opinion should not be published and is not precedent except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. 03-40824
-2-
supervised release that he be confined in a community corrections
facility.
Chavez fails to establish that the district court’s imposition
of residence at a community corrections center as a condition of
supervised release was clear or obvious error. See United States
v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). The
2001 Sentencing Guidelines, to which Chavez was subject, plainly
state that residence in a community treatment center may be imposed
as a condition of supervised release. U.S.S.G. § 5D1.3(e)(1),
p.s.; § 5F1.1. The 2001 Sentencing Guidelines are not in conflict
with 18 U.S.C. § 3583(d), which authorizes the district court to
impose any condition it considers to be appropriate.
AFFIRMED.