USA v. Kindley

Filing 920080327

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit

FILED
No. 07-10732 Summary Calendar
March 27, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. KIMBERLY NEWELL KINDLEY Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-36-2

Before KING, DAVIS and CLEMENT, Circuit Judges. PER CURIAM:* Kimberly Newell Kindley appeals the district court's decision to revoke her term of supervised release. See 18 U.S.C. § 3583(g). She argues that the district court erred in finding that it could not impose substance-abuse treatment pursuant to 18 U.S.C. § 3583(d) in lieu of incarceration. Kindley committed several violations of the conditions of her supervised release. Failure of a drug

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10732 test was but one of those violations. Accordingly, there was no error in the district court's revocation of supervised release and imposition of a term of imprisonment. See United States v. Harper, 34 Fed. App'x 150 (5th Cir. 2002);1 5TH CIR. R. 47.5.4. AFFIRMED.

Although an unpublished opinion issued after January 1, 1996 is not controlling precedent, it may be considered as persuasive authority. See Ballard v. Burton, 444 F.3d 391, 401 & n.7 (5th Cir. 2006) (citing 5TH CIR. R. 47.5.4.). 2

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