United States v. De Los Santos

* 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that this opinion should not be published and is not precedent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. 03-40990
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SANTOS DE LOS SANTOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-297-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Santos De Los Santos pleaded guilty to one count of
transporting an illegal alien in violation of 8 U.S.C.
§§ 1324(a)(1)(A)(ii) and 1324(a)(1)(A)(v)(II). The district
court sentenced De Los Santos to 27 months’ imprisonment and
three years’ supervised release.
De Los Santos argues that a conflict exists between the
district court’s oral pronouncement of sentence and the written
judgment. The written judgment contains a condition of

-- 1 of 2 --

No. 03-40990
-2-
supervised release prohibiting the possession of a dangerous
weapon, but the court did not mention this condition at the
sentencing hearing. This issue is foreclosed by United States v.
Torres-Aguilar, 352 F.3d 934, 935-38 (5th Cir. 2003).
AFFIRMED.

-- 2 of 2 --