United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 6, 2006

Charles R. Fulbruge III Clerk No. 05-40634 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER LINAN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas No. 3:02-MJ-35-ALL --------------------

Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Javier Linan appeals the sentence of imprisonment imposed by

the magistrate judge upon revocation of his probation. See

;

(a)(4). This court lacks juris-

diction over the instant appeal.

(h). The appeal

is therefore DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR. R. 47.5.4.