Case: 10-60741 Document: 00511431486 Page: 1 Date Filed: 03/31/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 31, 2011
No. 10-60741
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RANDOLPH FREEMAN, also known as Dee,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:93-CR-60-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
Randolph Freeman appeals the revocation of his supervised release and
imposition of 41 months of imprisonment. Freeman contends that the district
court erred by denying his motion to dismiss the revocation petition because his
rights under Federal Rule of Criminal Procedure 32.1(a)(1) and the Due Process
Clause of the United States Constitution were violated when he was deprived of
an initial appearance for 27 months following the execution of the revocation
warrant.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-60741 Document: 00511431486 Page: 2 Date Filed: 03/31/2011
No. 10-60741
We need not determine when the revocation warrant was executed because
Freeman has not established that he was prejudiced by the alleged 27-month
delay. See United States v. Tippens, 39 F.3d 88, 90 (5th Cir. 1994). Therefore,
he has failed to establish a due process violation and demonstrate any error,
plain or otherwise, in the denial of his motion to dismiss.
The judgment of the district court is AFFIRMED.
2