United States v. Ayers

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-10513 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TIMOTHY JAMES AYERS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:93-CR-113-1-T - - - - - - - - - - April 19, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges. PER CURIAM:* Timothy James Ayers appeals from the revocation of his term of supervised release for violating two supervised-release conditions. Ayers argues that his procedural due process rights were violated because the district court revoked his term of supervised release based solely on his counsel’s statement that Ayers intended to plead true to the allegations against him, rather than obtaining a personal admission of guilt from Ayers. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-10513 -2- Because Ayers failed to object to this alleged error, we review this issue for plain error. Fed. R. Crim. P. 52(b). Ayers has failed to show any error at all, let alone that the alleged error by the district court affected his substantial rights. He cannot show plain error. See United States v. Olano, 507 U.S. 725, 731-37 (1993). Accordingly, the district court’s judgment is AFFIRMED.