USA v. Nathaniel Thoma


UNPUBLISHED OPINION FILED. [13-40759 Affirmed ] Judge: PEH , Judge: JLD , Judge: JEG Mandate pull date is 08/12/2014 for Appellant Nathaniel Howard Thomas; granting motion for summary affirmance filed by Appellee USA [7577144-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7577144-3] [13-40759]

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Case: 13-40759 Document: 00512706754 Page: 1 Date Filed: 07/22/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-40759 Summary Calendar FILED July 22, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NATHANIEL HOWARD THOMAS, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:98-CR-14-27 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Nathaniel Howard Thomas, federal prisoner # 07052-078, was convicted of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute and distribution of cocaine base, and distribution of a controlled substance within 1,000 feet of a playground. He was sentenced to concurrent 235-month prison terms on each count. He was also sentenced to a total of six years of supervised release. Pursuant to 18 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-40759 Document: 00512706754 Page: 2 Date Filed: 07/22/2014 No. 13-40759 U.S.C. § 3582(c)(2), the district court reduced his sentence of imprisonment to 188 months. Thomas was released to supervision on November 7, 2011, but his release was revoked because he had been convicted of failing to register as a sex offender in Collin County, Texas. The district court sentenced Thomas to 12 months of imprisonment and 60 months of supervised release. On appeal, Thomas makes no direct challenge to the district court’s revocation of his supervised release or the sentence imposed on revocation. He argues, as he did in the district court, that his original conviction and sentence should be overturned on double jeopardy grounds. A defendant may not challenge the validity of his underlying conviction or his original sentence of supervised release on appeal from the revocation of supervised release. United States v. Willis, 563 F.3d 168, 170 (5th Cir. 2009). Thomas has shown no error in connection with his revocation proceedings. The Government’s motion for summary affirmance is GRANTED. The motion for an extension of time in which to file a brief is DENIED. The judgment of the district court is AFFIRMED. 2

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