United States v. Belcher , 103 F. App'x 845 ( 2004 )


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  •                                                         United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   August 2, 2004
    Charles R. Fulbruge III
    Clerk
    No. 04-10133
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CAROLYN PENRICE BELCHER,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:00-CR-65-ALL-A
    --------------------
    Before DeMOSS, BENAVIDES, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Carolyn Penrice Belcher was convicted of one count of theft of
    a money order issued by the Postal Service, and the district court
    sentenced her to five years of probation.         The district court
    subsequently revoked her probation and sentenced her to serve 18
    months in prison and a three-year term of supervised release.
    Belcher argues on appeal that the district court reversibly
    erred in sentencing her to serve 18 months in prison.    She contends
    that the district court neglected to consider proper sentencing
    *
    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    this opinion should not be published and is not precedent except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.
    factors and based her sentence on improper factors.     She further
    contends that her sentence is unreasonable and that it should be
    considered an upward departure.
    Because Belcher failed to object to her sentence, our review
    is for plain error only.    See United States v. McCullough, 
    46 F.3d 400
    , 401 (5th Cir. 1995).    Belcher has not shown error, plain or
    otherwise, in connection with her sentence.    See United States v.
    Wheeler, 
    322 F.3d 823
    , 828 (5th Cir. 2003); United States v. Pena,
    
    125 F.3d 285
    , 287 (5th Cir. 1997).       Accordingly, the district
    court’s judgment is AFFIRMED.
    2
    

Document Info

Docket Number: 04-10133

Citation Numbers: 103 F. App'x 845

Judges: Demoss, Benavides, Clement

Filed Date: 8/2/2004

Precedential Status: Non-Precedential

Modified Date: 10/19/2024