USA v. Bratcher

Filing 920080416

Opinion

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

FILED
No. 07-51112 Conference Calendar
April 16, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. BRANDON DONNELL BRATCHER Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 5:06-CR-62-ALL

Before PRADO, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Brandon Donnell Bratcher presents an issue that he concedes is foreclosed. In United States v. Phillips, 382 F.3d 489, 499-500 (5th Cir. 2004), we held that the offense of possessing a controlled substance within a school zone under 21 U.S.C. § 860 is not subject to safety valve relief under 18 U.S.C. § 3553(f). The Government's motion for summary affirmance is GRANTED, and the judgment

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51112 of the district court is AFFIRMED. The motion for an extension of time in which to file a brief is DENIED.

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