United States v. Louis Cao , 540 F. App'x 422 ( 2013 )

Case: 11-31018 Document: 00512397445 Page: 1 Date Filed: 10/04/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 4, 2013
No. 11-31018
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LOUIS CAO,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:08-CR-90-1
Before REAVLEY, JONES, and PRADO, Circuit Judges.
PER CURIAM:*
Louis Cao pleaded guilty to possession with intent to distribute 3,4-
methylenedioxymethamphetamine (MDMA) and was sentenced to 151 months
of imprisonment and three years of supervised release. He argues that his
sentence should be vacated and the case remanded so that the district court may
conform the written judgment to its oral pronouncement by removing a special
condition of supervision requiring him to participate in a mental health program
and assist in the cost of the treatment. The Government asserts that there is no
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-31018 Document: 00512397445 Page: 2 Date Filed: 10/04/2013
No. 11-31018
conflict between the written judgment and the oral pronouncement of sentence
and that consideration of the issue is barred by a waiver provision in Cao’s plea
agreement.
It is unnecessary to address the waiver issue because the Government is
correct that there is no conflict between the district court’s oral pronouncement
and its written judgment. See United States v. Vega, 332 F.3d 849, 852 (5th Cir.
2003).
AFFIRMED.
2