Filed: Oct. 21, 2004
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 FOR THE FIFTH CIRCUIT October 21, 2004 Charles R. Fulbruge III Clerk No. 03-31176 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TROY WATTS, also known as T-Dove, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CR-145-16-L - Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Troy Watts appeals his 4
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004 Charles R. Fulbruge III Clerk No. 03-31176 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TROY WATTS, also known as T-Dove, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CR-145-16-L - Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Troy Watts appeals his 48..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-31176
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TROY WATTS, also known as T-Dove,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CR-145-16-L
--------------------
Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Troy Watts appeals his 48-month sentence following the
revocation of his supervised release term relating to Watts’s
1997 guilty-plea conviction for conspiracy to distribute cocaine.
Citing United States v. Doggett,
230 F.3d 160, 164-65 (5th Cir.
2000), and for the first time on appeal, Watts contends that his
revocation sentence was unlawfully imposed. Specifically, Watts
asserts that, because his superseding indictment failed to allege
a specific drug quantity, his underlying drug conspiracy
*
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this opinion should not be published and is not precedent except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. 03-31176
-2-
conviction carried a 20-year maximum sentence pursuant to 21
U.S.C. § 841(b)(1)(C), thereby rendering it a Class C felony
under 18 U.S.C. § 3559(a)(3). Watts maintains that his
revocation sentence could not exceed two years pursuant to 18
U.S.C. § 3583(e)(3). Watts secondarily argues that, assuming his
case is remanded for resentencing, any additionally imposed
supervised release term would result in an ex post facto
violation.
Watts neither directly appealed from, nor sought collateral
review of, his underlying conviction and sentence. He may not do
so on appeal from the revocation of supervised release. See
United States v. Moody,
277 F.3d 719, 720-21 (5th Cir. 2001).
AFFIRMED.