Filed: Oct. 07, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-60219 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEWIS H. ALTON, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:98-CR-127-ALL-D _ October 5, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Lewis H. Alton appeals his bench trial conviction for willful failure to pay a past due child support obligation. We f
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-60219 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEWIS H. ALTON, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:98-CR-127-ALL-D _ October 5, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Lewis H. Alton appeals his bench trial conviction for willful failure to pay a past due child support obligation. We fi..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-60219
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEWIS H. ALTON,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:98-CR-127-ALL-D
_________________________________________________________________
October 5, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Lewis H. Alton appeals his bench trial conviction for willful
failure to pay a past due child support obligation. We find the
district court’s holding that Alton’s failure to pay child support
was “willful” is supported by sufficient evidence. See United
States v. Mathes,
151 F.3d 251, 253 (5th Cir. 1998), cert. denied,
119 S. Ct. 628 (1998). The evidence, viewed in the light most
favorable to the verdict, shows that Alton chose to withhold child
support because of frustration with his inability to modify his
*
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this opinion should not be published and is not precedent except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.
visitation rights. The evidence further shows that Alton had
sufficient income to fulfill his support obligation.
We also hold that the district court did not err in failing to
credit a “gift” of a Jeep Wrangler against the child support
arrearage. The vehicle’s title remained in Alton’s name; Alton
counted it as an asset; the vehicle was not purchased during the
relevant years for which Alton was convicted of nonpayment; and
there was no agreement--formal or informal--that the purchase of
the vehicle would modify the state child support judgment. See
United States v. Bailey,
115 F.3d 1222, 1232 (5th Cir. 1997), cert.
denied,
118 S. Ct. 866 (1998).
A F F I R M E D.
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