United States v. Allen

* 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that this opinion should not be published and is not precedent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
August 19, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30160
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS MACK ALLEN, also known as Curtis Knight,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-20086-ALL
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Curtis Mack Allen appeals the 24-month sentence imposed by
the district court when it revoked his supervised release. He
contends that the district court failed to consider the factors
set forth in 18 U.S.C. § 3553(a). Because Allen failed to raise
this issue in the district court, review is for plain error only.
See United States v. Ayers, 946 F.2d 1127, 1131 (5th Cir. 1991).
The record in this case reflects that the district court
implicitly considered the factors set forth in 18 U.S.C.

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No. 03-30160
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§ 3553(a). Accordingly, the district court did not commit plain
error. See United States v. Gonzales, 250 F.3d 923, 929-930 (5th
Cir. 2001). Because Allen has identified no plain error, the
sentence of the district court is AFFIRMED.

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