IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 26, 2008 No. 07-20382 Charles R. Fulbruge III Summary Calendar Clerk

UNITED STATES OF AMERICA Petitioner-Appellee v. MARK E. BATTON Respondent-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-MC-27

Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.

PER CURIAM:*

Having reviewed the district court’s order, the parties’ briefs, and the record, we find no reversible error. Accordingly, we AFFIRM.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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