United States v. Avila-Chavez

* 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that this opinion should not be published and is not precedent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. 03-40786
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MANUEL AVILA-CHAVEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-59-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Juan Manuel Avila-Chavez (Avila) appeals his sentence
for one count of illegal entry into the United States after
deportation, a violation of 8 U.S.C. § 1326(a). Avila contends
that the condition barring his possession of “any other dangerous
weapon” must be stricken from the written judgment because it
conflicts with the sentence as orally pronounced by the district
court.

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No. 03-40786
-2-
This issue is now foreclosed by our decision in United
States v. Torres-Aguilar, 352 F.3d 934, 937-38 (5th Cir. 2003).
The district court’s omission of the dangerous weapon prohibition
during the oral pronouncement of sentence did not create a
conflict with the sentence set forth in the judgment. Id. at
938.
AFFIRMED.

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