United States v. De Luna-Vigil

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 18, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41771
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JIMMY DE LUNA-VIGIL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-704-ALL
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jimmy De Luna-Vigil appeals his sentence following his
guilty-plea conviction for transporting an illegal alien, in
violation of 8 U.S.C. § 1324. De Luna-Vigil challenges a
condition of supervised release set forth in the written judgment
that prohibits him from possessing “any other dangerous weapon.”
He argues that this provision must be deleted from the written
judgment because the district court did not mention the condition
when it orally pronounced sentence. His argument is foreclosed

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No. 02-41771
-2-
by this court’s decision in United States v. Torres-Aguilar, 352
F.3d 934, 937-38 (5th Cir. 2003). The judgment of the district
court is AFFIRMED.

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