United States v. Hernandez
Opinion
In 1997, Jason Hernandez pleaded guilty of conspiring to distribute cocaine and of possessing cocaine with the intent to distribute it. He was sentenced to two concurrent 77-month terms of imprisonment, to be followed by two concurrent three-year terms of supervised release. Hernandez now appeals the two consecutive two-year terms of imprisonment imposed upon the revocation of his terms of supervised release.
For the first time on appeal, Hernandez argues that the district court erred in ordering that his revocation sentence run consecutively to any subsequent sentences that Hernandez might receive arising out of a state prosecution for intoxication assault or due to perjury charges filed as a result of his testimony at the revocation hearing. Hernandez has cited no relevant authority to support his argument as required by the Federal Rules of Appellate Procedure. See Fed. R.App. P. 28(a)(9)(A). He has not shown that the district court committed plain error in imposing his sentence. See United States v. Olano, 507 U.S. 725, 732-35, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993); United States v. Calverley, 37 F.3d 160, 162 (5th Cir. 1994) (en banc). The judgment of the district court is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jason HERNANDEZ, Defendant-Appellant
- Status
- Unpublished