IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40764 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PATTI JOANN ALLEN, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-47-1 -------------------- February 13, 2001 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Patti Joann Allen appeals from her conviction by guilty plea of possessing an unregistered destructive device and aiding and abetting. She contends that she was deprived of her right of allocution at sentencing.

The district judge gave Allen the opportunity to speak at sentencing; Allen took advantage of that opportunity. The district judge was skeptical of Allen’s statements at sentencing; his questions and comments did not deprive Allen of the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-40764 -2- opportunity to speak in mitigation of sentence. See United States v. Myers, 150 F.3d 459, 461 (5th Cir. 1998).

AFFIRMED.