United States v. Guidry ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40741
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRENT ANTHONY GUIDRY
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-3-2
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December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Trent Anthony Guidry appeals from the denial of his motion
for a reduced sentence for his cooperation. For the first time
on appeal, he argues that this court should enforce a second
agreement between himself and the government. Except for limited
circumstances, this court has required presentation in the
district court before it will hear a theory of recovery. See
United States v. Garcia-Pillado, 898 F.2d 36, 39 (5th Cir. 1990).
Because Guidry’s assertion of a second agreement presents a fact-
*
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that this opinion should not be published and is not precedent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. 01-40741
-2-
oriented and new theory of recovery, we decline to consider his
argument. Accordingly, we AFFIRM the district court's decision.
MOTION TO FILE OUT-OF-TIME REPLY BRIEF GRANTED; AFFIRMED.