United States v. Martin

* 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that this opinion should not be published and is not precedent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. 03-20496
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRIAN RHETT MARTIN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-561-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Brian Rhett Martin (“Martin”) appeals the sentence imposed
following the revocation of his supervised release. Martin
argues that a conflict exists between the district court’s oral
pronouncement of sentence and the written judgment because the
written judgment contains a condition of supervised release
prohibiting the possession of a dangerous weapon while the court
did not mention this prohibition at the sentencing hearing. His
argument is foreclosed by this court’s decision in United States

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No. 03-20496
-2-
v. Torres-Aguilar, 352 F.3d 934, 937-38 (5th Cir. 2003). The
judgment of the district court is AFFIRMED.

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