IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50450
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACKIE LENARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-94-CR-116
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February 24, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Jackie Lenard appeals the sentence imposed by the district
court upon revocation of his term of supervised release. This
court will uphold a sentence imposed following the revocation of
a term of supervised release unless it was in violation of law or
was plainly unreasonable. United States v. Mathena, 23 F.3d 87,
89, 93-94 (5th Cir. 1994). Lenard argues that the sentence was
plainly unreasonable.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-50450
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Lenard’s sentence was not unlawful as it was within the
statutory maximum upon revocation of supervised release for a
defendant whose underlying offense was a Class C felony. See 18
U.S.C. § 3583(e)(3); see also Mathena, 23 F.3d at 94. Nor was
Lenard’s sentence “plainly unreasonable” as the district court
determined that Lenard’s multiple and varied violations indicated
his intent not to abide by the terms of his supervised release.
AFFIRMED.