United States v. Chimney

* 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that this opinion should not be published and is not precedent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. 03-20554
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JONATHAN CHIMNEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-362-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jonathan Chimney appeals his guilty-plea conviction and
sentence imposed for conspiracy and possession of more than 50
grams of cocaine base in violation of 21 U.S.C. §§ 841 and 846.
Chimney argues that the supervised release condition which
prohibits him from possessing dangerous weapons conflicts with
the district court’s oral pronouncement of the sentence and must
be deleted. The Sentencing Guidelines recommend that all
defendants who have been convicted of a felony be prohibited from

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No. 03-20554
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possessing any dangerous weapon during the term of supervised
release. U.S.S.G. § 5D1.3(d)(1). “If the district court orally
imposes a sentence without stating the conditions applicable to
this period of supervision, the judgment’s inclusion of
conditions that are mandatory, standard, or recommended by the
Sentencing Guidelines does not create a conflict with the oral
pronouncement.” United States v. Torres-Aguilar, 352 F.3d 934,
938 (5th Cir. 2003).
AFFIRMED.

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