Filed: Apr. 19, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 19, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10321 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIE LEE THOMAS, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 6:04-CR-83-ALL - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Willie Lee Thomas appeals the four-year sente
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 19, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10321 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIE LEE THOMAS, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 6:04-CR-83-ALL - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Willie Lee Thomas appeals the four-year senten..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 19, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-10321
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIE LEE THOMAS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:04-CR-83-ALL
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Willie Lee Thomas appeals the four-year sentence that was
imposed following the revocation of his term of supervised
release. He argues for the first time in this appeal that his
sentence is improper because it was based on the district court’s
erroneous belief that he qualified as a career offender under the
Sentencing Guidelines. Thomas has not shown that the district
court committed an obvious error that affected his substantial
rights. See United States v. Valenzuela-Quevedo,
407 F.3d 728,
*
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this opinion should not be published and is not precedent except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. 05-10321
-2-
732-33 (5th Cir.), cert. denied,
126 S. Ct. 267 (2005).
Consequently, he has shown no plain error in connection with his
sentence. See
id.
Thomas also argues that the district court should not have
relied upon the presentence report (PSR) that was prepared in
connection with his original offense. Because this claim was
raised for the first time in Thomas’s reply brief, we decline to
consider it. See United States v. Avants,
367 F.3d 433, 449 (5th
Cir. 2004). The judgment of the district court is AFFIRMED.