U.S. Court of Appeals for the Fifth Circuit, 2000

United States v. Ferdin

United States v. Ferdin
U.S. Court of Appeals for the Fifth Circuit · Decided June 19, 2000

United States v. Ferdin

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 99-50521 Conference Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROLAND FERDIN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-93-CR-185-5-HG - - - - - - - - - - June 14, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:* Roland Ferdin appeals the 24-month sentence imposed by the district court upon revocation of his supervised release. Ferdin argues that his sentence violates due process because it was based on “unsubstantiated and unverified factual information.”

Because this contention is raised for the first time on appeal, it is reviewed only for plain error. See United States v. Olano, 507 U.S. 725, 730-37 (1993); United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). We have reviewed the briefs and the record, and we perceive no plain error.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 99-50521 2– AFFIRMED.

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