Filed: May 18, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31021 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTHONY BROWN, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CR-135-1 - May 18, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Anthony Brown appeals his sentence following his guilty plea conviction to count 3 of his indictment, possession with intent to
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31021 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTHONY BROWN, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CR-135-1 - May 18, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Anthony Brown appeals his sentence following his guilty plea conviction to count 3 of his indictment, possession with intent to ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31021
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY BROWN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CR-135-1
--------------------
May 18, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Anthony Brown appeals his sentence following his guilty plea
conviction to count 3 of his indictment, possession with intent
to distribute one quarter ounce of cocaine base. Brown argues
that the district court committed plain error by imposing an
illegal five year term of supervised release for his conviction
on count 3 because the pre-sentence investigation report stated
that subsequent analysis revealed that Brown possessed only 1.8
grams of cocaine base in relation to count 3.
*
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that this opinion should not be published and is not precedent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. 00-31021
-2-
Brown did not object to the sentence in the district court.
Therefore, the claim is reviewed under the plain error standard.
See United States v. Cartwright,
6 F.3d 294, 300 (5th Cir. 1993).
The error is clear. However, the error does not seriously affect
the fairness, integrity, or public reputation of judicial
proceedings because a reduction of Brown’s term of supervised
release on count 3 would not affect the overall term of his
supervised release, Brown fails to show any meaningful benefit
that he would receive from a correction of the error, and
correction of the error does not call any of Brown’s convictions
into question. See United States v. Meshack,
225 F.3d 556, 577
(5th Cir. 2000), amended on reh’g, ___ F.3d ___, No. 99-50669,
2001 WL 224656, at *1 (5th Cir. Mar. 7, 2001), cert. denied,
121
S. Ct. 834 (2001). Therefore, there was no plain error. See
United States v. Olano,
507 U.S. 725, 732 (1993); United States
v. Fletcher,
121 F.3d 187, 192 (5th Cir. 1997). The judgment of
the district court is affirmed.
AFFIRMED.