United States v. Newsome

* 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that this opinion should not be published and is not precedent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
October 11, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20465
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LESLIE RAY NEWSOME,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-208-5
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Leslie Ray Newsome (Newsome) appeals his sentence for
possession with the intent to distribute cocaine and cocaine
base following the revocation of his supervised release. Newsome
argues that at the sentencing following the revocation of his
supervised release, the district court expressly directed that his
supervised release would be “on the same terms as we had before.”
Newsome further argues that neither the previous supervision order
nor the court’s oral pronouncement prohibited him from possessing

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No. 03-20465
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a dangerous weapon. Newsome argues that the condition barring his
possession of “any other dangerous weapon” must be stricken from
the written judgment because it conflicts with the sentence orally
pronounced by the district court.
For the reasons outlined in United States v. Torres-Aguilar,
352 F.3d 934, 937-38 (5th Cir. 2003), we conclude that 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.
AFFIRMED.

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