United States v. Smalley ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 02-41695
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALFRED ALDRIDGE SMALLEY, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-793-1
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Alfred Aldridge Smalley, Jr., pleaded guilty to one count of
transporting an undocumented alien for financial gain. Smalley
argues on appeal that his conviction and guilty plea should be
vacated because a magistrate judge, rather than an Article III
judge, presided over his FED. R. CRIM. P. 11 colloquy; that the
district court impermissibly delegated its authority to require
payment for drug testing to the probation office; and that the
terms of supervised release contained in the written judgment
*
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that this opinion should not be published and is not precedent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. 02-41695
-2-
entered by the district court conflict with the court’s oral
pronouncement at sentencing.
Smalley correctly acknowledges that his first two arguments
are foreclosed by this court’s precedent and states that he
raises them merely to preserve the issues for Supreme Court
review. See United States v. Dees, 125 F.3d 261, 264-66 (5th
Cir. 1997); United States v. Warden, 291 F.3d 363, 364-66 (5th
Cir. 2002). We find no abuse of discretion in the written terms
of supervised release imposed by the district court. Warden, 291
F.3d at 364-65; United States v. Vega, 332 F.3d 849, 851 (5th
Cir. 2003).
AFFIRMED.