United States v. Pena , 95 F. App'x 559 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-40331
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS PENA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CR-3-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Jesus Pena, Jr., has appealed the district court’s judgment
revoking his supervised release and imposing a 36-month term of
imprisonment. The district court did not abuse its discretion in
ordering that the sentence be served consecutively to a term of
imprisonment imposed in cause number C-02-292 for the law
violation which resulted in the revocation of his supervised
release. See United States v. Alexander, 100 F.3d 24, 27 (5th
Cir. 1996); see also U.S.S.G. § 5G1.3(c), p.s., & comment. (n.6)
*
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this opinion should not be published and is not precedent except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. 03-40331
-2-
(2002); U.S.S.G. § 7B1.3(f), p.s. (2002). The statutory maximum
36-month sentence was not in violation of law and was not plainly
unreasonable. See United States v. Stiefel, 207 F.3d 256, 259
(5th Cir. 2000) (standard of review).
AFFIRMED.