USA v. Sophia Vieira

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USA v. Sophia Vieira

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Case: 09-41056

Document: 00511205543

Page: 1

Date Filed: 08/17/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-41056 C o n fe r e n c e Calendar August 17, 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. S O P H I A GABRIELLE VIEIRA, 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. 5:09-CR-317-1

B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* S o p h ia Gabrielle Vieira pleaded guilty to conspiring to possess with intent t o distribute more than 500 grams of cocaine, possessing with intent to d is t r ib u t e more than 500 grams of cocaine, and importing more than 500 grams o f cocaine. The district court sentenced her to concurrent 60-month terms of im p r is o n m e n t and imposed concurrent five-year terms of supervised release. F o r the first time on appeal, Vieira argues that the district court im p e r m is s ib ly delegated its judicial authority and plainly erred by requiring, as
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-41056

Document: 00511205543 Page: 2 No. 09-41056

Date Filed: 08/17/2010

a condition of supervised release, that she participate in a mental health p r o g r a m "as deemed necessary and approved by the probation officer." In her r e p ly brief, Vieira concedes that her arguments are foreclosed by United States v . Bishop, 603 F.3d 279 (5th Cir. 2010), petition for cert. filed (July 6, 2010) (N o . 10-52980), but she raises them to preserve them for further review. A F F IR M E D .

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