United States v. Kennedy

* 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that this opinion should not be published and is not precedent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
June 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-31050
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT KENNEDY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 94-CR-305-1-T
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Robert Kennedy appeals his 24-month sentence imposed upon
revocation of his supervised release following his guilty-plea
conviction for conspiracy to distribute dilaudid. Kennedy argues
that the district court impermissibly relied upon his status as a
drug addict in imposing the statutory maximum sentence of two
years’ imprisonment. Kennedy did not object timely to the
sentence that was imposed; in the absence of such an objection,

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No. 02-31050
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this court’s review is for plain error only. See United States
v. Gonzalez, 250 F.3d 923, 930 (5th Cir. 2001).
Kennedy’s argument that his sentence was based solely on his
status as a drug addict is not supported by the record. The
sentence imposed punished Kennedy for violating the terms of his
supervised release, not for his history of drug addiction. See
United States v. Pena, 125 F.3d 285, 287-88 (5th Cir. 1997). The
judgment of the district court is AFFIRMED.

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