USA v. Thomas

Filing 920070419

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 19, 2007 Charles R. Fulbruge III Clerk No. 05-10321 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIE LEE THOMAS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 6:04-CR-83-ALL -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Willie Lee Thomas appeals the four-year sentence that was imposed following the revocation of his term of supervised release. He argues for the first time in this appeal that his

sentence is improper because it was based on the district court's erroneous belief that he qualified as a career offender under the Sentencing Guidelines. Thomas has not shown that the district

court committed an obvious error that affected his substantial rights. See United States v. Valenzuela-Quevedo, 407 F.3d 728,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10321 -2732-33 (5th Cir.), cert. denied, 126 S. Ct. 267 (2005). Consequently, he has shown no plain error in connection with his sentence. See id.

Thomas also argues that the district court should not have relied upon the presentence report (PSR) that was prepared in connection with his original offense. Because this claim was

raised for the first time in Thomas's reply brief, we decline to consider it. Cir. 2004). See United States v. Avants, 367 F.3d 433, 449 (5th The judgment of the district court is AFFIRMED.