United States v. Ray Hatton, Jr.

Case: 12-31074 Document: 00512372689 Page: 1 Date Filed: 09/13/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 13, 2013
No. 12-31074
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAY HATTON, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:08-CR-109-1
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Ray Hatton, Jr., federal prisoner # 13987-035, pleaded guilty to using a
facility in interstate commerce to attempt to coerce a minor to engage in criminal
sexual acts, in violation of 18 U.S.C. § 2422(b). R. 1, 62-72, 94. He was
sentenced to 65 months in prison and 10 years of supervised release. The
instant appeal challenges the district court’s denial of his 18 U.S.C. § 3583(e)(2)
motion to modify special condition four 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-31074 Document: 00512372689 Page: 2 Date Filed: 09/13/2013
No. 12-31074
As the district court determined, because Hatton is still serving his term
of imprisonment, any challenge to the conditions of supervised release is
arguably premature. “A claim is not ripe for review if it rests upon contingent
future events that may not occur as anticipated, or indeed may not occur at all.”
United States v. Carmichael, 343 F.3d 756, 761, 762 (5th Cir. 2003) (internal
quotation marks and footnote omitted). Whether Hatton’s future employment
will be constrained by special condition four of his terms of supervised release
is too speculative, at least as Hatton presented it. Accordingly, we affirm the
judgment of the district court.
AFFIRMED.
2