USA v. Christian

Filing 920061212

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 05-40742 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUDE NATHAN CHRISTIAN, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2232-ALL -------------------Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Jude Nathan Christian appeals the sentence imposed following his guilty plea to transporting illegal aliens. Christian argues

that the district court erred by ordering him to cooperate in the collection of a DNA sample as a condition of his supervised release. As Christian concedes, such a claim is not ripe for See United States v. Riascos-Cuenu,

review on direct appeal.

428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). Christian seeks to preserve the Accordingly, the

issue for further review by the Supreme Court.
*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40742 -2appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. See id. at 1102.