USA v. Edward Vess

Filing

USA v. Edward Vess

Doc. 0

Case: 09-40473

Document: 00511171720

Page: 1

Date Filed: 07/13/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40473 July 13, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. E D W A R D THOMAS VESS, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 5:08-CR-1248-1

B e fo r e DAVIS, SMITH, and HAYNES, Circuit Judges. P E R CURIAM:* E d w a r d Thomas Vess appeals from the sentence imposed following his c o n v ic t io n for two counts of transporting illegal aliens within the United States b y means of a motor vehicle. He is specifically challenging the special condition o f his supervised release, which delegates to the probation officer the decision w h e t h e r Vess should participate in a mental health treatment program. Citing U n ite d States v. Albro, 32 F.3d 173, 174 (5th Cir. 1994), Vess argues that the d is t r ic t court committed plain error when it impermissibly delegated its Article

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion s h o u ld not be published and is not precedent except under the limited c ir c u m s t a n c e s set forth in 5TH CIR. R. 47.5.4.

*

Dockets.Justia.com

Case: 09-40473

Document: 00511171720 Page: 2 No. 09-40473

Date Filed: 07/13/2010

I I I power to impose conditions of supervised release by giving the probation o ffic e r discretion to decide whether he should participate in a mental health t r e a t m e n t program. V e s s 's argument is foreclosed by our circuit precedent, issued after his b r ie f was filed in this case. United States v. Bishop, 603 F.3d 279 (5th Cir. 2 0 1 0 )(h o ld in g that imposition of such a condition is not plain error). ju d g m e n t is AFFIRMED. The

2