United States v. Abney

03-40163Court of Appeals for the Fifth CircuitFeb 17, 2004

Full text

* 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that this opinion should not be published and is not precedent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. 03-40163
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD WAYNE ABNEY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-1250-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Ronald Wayne Abney appeals his sentence following his
guilty-plea conviction for transporting illegal aliens for the
purpose of financial gain, in violation of 8 U.S.C. § 1324.
Abney challenges a condition of supervised release set forth in
the written judgment that prohibits him from possessing “any
other dangerous weapon.” Abney argues that this provision must
be deleted from the written judgment because the district court
did not mention the condition when it orally pronounced sentence.

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No. 03-40163
-2-
We find no error in the written judgment. See United States v.
Torres-Aguilar, 352 F.3d 934, 937-38 (5th Cir. 2003).
AFFIRMED.

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