United States v. Leverton

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21241
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTHUR RAY LEVERTON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-87-ALL
--------------------
August 29, 2002
Before DAVIS, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Arthur Ray Leverton appeals from his sentence following the
revocation of his supervised release. Leverton argues that the
district court committed reversible error by including in its
written judgment special conditions of supervised release that were
not orally pronounced at sentencing. In the alternative, Leverton
argues that the district court unlawfully delegated to the
probation officer the authority to determine Leverton’s ability to

-- 1 of 2 --

No. 01-21241
-2-
pay the costs of his drug treatment. We have recently rejected
nearly identical arguments. See United States v. Warden, 291 F.3d
363, 365-66 (5th Cir. 2002).
AFFIRMED.

-- 2 of 2 --