IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40314
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ RIVERA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(C-97-CR-34-2)
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November 8, 1999
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
José Rivera appeals his sentence following the revocation of
his probation. Rivera raises due process and bias charges
regarding the revocation hearing, and claims that the 36-month
prison sentence imposed, the maximum allowed for Rivera’s offense
of misprision of a firearm, was an abuse of discretion.
We find no merit in Rivera’s claims. There was no plain
error in the district judge’s failure to recuse herself, an act
needed only where the judge’s favoritism or antagonism make fair
judgment impossible. See Liteky v. United States, 510 U.S. 540,
*
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that this opinion should not be published and is not precedent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.
555 (1994). Further, the judge served in a neutral and detached
manner and sufficiently warned Rivera of the consequences of a
plea of “true” to satisfy due process requirements.
Finally, the 36-month sentence was not an abuse of
discretion where the district court first considered the relevant
policy guidelines and where the sentence was the maximum allowed
for Rivera’s underlying offense.
AFFIRMED.