IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41181
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WARREN D. FRIDAY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-94-CR-118-1
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June 16, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Warren D. Friday, prisoner # 769616, appeals the revocation
of his supervised-release term, which was part of his sentence
for his conviction for possession of marihuana. The Government’s
motion to supplement the record on appeal is DENIED. Friday
argues for the first time on appeal that his release date was
incorrectly calculated, and the violations of supervised release
to which he pleaded true occurred after his term of supervised
release had expired. He contends that the district court
*
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that this opinion should not be published and is not precedent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. 97-41181
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therefore lacked jurisdiction to impose on him a ten-month
sentence for the alleged violations of the terms of his release.
Questions of fact that could have been resolved by the
district court can never be plain error. United States v. Vital,
68 F.3d 114, 119 (5th Cir. 1995). The determination of release
dates involves factual, not legal, questions. United States v.
Marshall, 910 F.2d 1241, 1245 (5th Cir. 1990). This court need
not address Friday’s claim. Id.
This appeal is without arguable merit and thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is hereby DISMISSED. 5th Cir.
R. 42.2.
MOTION TO SUPPLEMENT THE RECORD ON APPEAL DENIED. APPEAL
DISMISSED.