United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 25, 2006 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 05-50119 Summary Calendar _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLES PHELPS, JR., also known as Mr. D, also known as Dave Smith, Defendant-Appellant. __________________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 6:03-CR-197-6 __________________________________________________ Before REAVLEY, DAVIS and PRADO, Circuit Judges.

PER CURIAM:* The judgment of the district court is affirmed for the reasons given in its order dated January 4, 2005. The court there found that Charles Phelps Jr. failed to prove that he owned an interest in the forfeited property. That finding is supported by the evidence and is free of error.

Any pending motions are denied.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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