USA v. Magers

Filing 920080130

Opinion

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

FILED
No. 07-10940 Conference Calendar
January 30, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JAMES EARL MAGERS Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:07-CR-38-1

Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, James Earl Magers raises arguments that are foreclosed by United States v. Hinson, 429 F.3d 114, 119 (5th Cir. 2005), which held that a defendant is not entitled to a jury trial to determine whether the terms of supervised release have been violated. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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No. 07-10940

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