United States v. Hernandez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 16, 2004
Charles R. Fulbruge III
Clerk
No. 04-50238
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JASON HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-96-CR-325-2
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
In 1997, Jason Hernandez pleaded guilty of conspiring to
distribute cocaine and of possessing cocaine with the intent to
distribute it. He was sentenced to two concurrent 77-month terms
of imprisonment, to be followed by two concurrent three-year
terms of supervised release. Hernandez now appeals the two
consecutive two-year terms of imprisonment imposed upon the
revocation of his terms of supervised release.
*
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this opinion should not be published and is not precedent except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. 04-50238
-2-
For the first time on appeal, Hernandez argues that the
district court erred in ordering that his revocation sentence run
consecutively to any subsequent sentences that Hernandez might
receive arising out of a state prosecution for intoxication
assault or due to perjury charges filed as a result of his
testimony at the revocation hearing. Hernandez has cited no
relevant authority to support his argument as required by the
Federal Rules of Appellate Procedure. See FED. R. APP.
P. 28(a)(9)(A). He has not shown that the district court
committed plain error in imposing his sentence. See United
States v. Olano, 507 U.S. 725, 732-35 (1993); United States v.
Calverley, 37 F.3d 160, 162 (5th Cir. 1994) (en banc). The
judgment of the district court is AFFIRMED.