United States v. Hernandez-Hernandez

* 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that this opinion should not be published and is not precedent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. 03-40902
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VALENTINE HERNANDEZ-HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-189-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Valentine Hernandez-Hernandez (Hernandez) appeals his
sentence following his guilty-plea conviction for illegal reentry
into the United States following deportation, in violation of 8
U.S.C. § 1326. Hernandez challenges a condition of supervised
release set forth in the written judgment that prohibits him from
possessing “any other dangerous weapon.” Hernandez argues that
this provision must be deleted from the written judgment because
the district court did not mention the condition when it orally

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No. 03-40902
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pronounced sentence. 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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