Texte intégral
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40929
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS LUIS CASTENADA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CR-4-12
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Carlos Luis Castenada appeals from a guilty-plea conviction
for possession with intent to distribute cocaine base. Castenada
argues that the district court erred by imposing an overlong term
of supervised release in excess of the statutory maximum for the
charged offense. The Government concedes that our prior
decisions require modification of Castenada's supervised-release
term. We find that Castenada's four-year term of supervised
release exceeds the statutory maximum of three years. See
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No. 00-40929
-2-
Apprendi v. New Jersey, 530 U.S. 466, 490 (2000); United States
v. Doggett, 230 F.3d 160, 162 (5th Cir. 2000). We therefore
modify Castenada's supervised release to the statutorily mandated
three-year term. See Doggett, 230 F.3d at 165 n.2.
AFFIRMED AS MODIFIED.
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