IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50294
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALLAN HAWLEY
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-93-CR-62-ALL
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October 1, 2001
Before KING, Chief Judge, and DAVIS and JONES, Circuit Judges.
PER CURIAM:*
Allan Hawley appeals the sentence imposed as a result of the
revocation of his supervised release. As there is no applicable
guideline, we will uphold a sentence for a revocation of
supervised release unless it is in violation of law or plainly
unreasonable. See United States v. Giddings, 37 F.3d 1091, 1093
(5th Cir. 1994).
The 36-month sentence does not exceed the maximum authorized
sentence under 18 U.S.C. § 3583(e)(3). Contrary to Hawley’s
assertions, the entire record indicates 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that this opinion should not be published and is not precedent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. 01-50294
-2-
did consider the relevant sentencing factors in determining the
sentence for revocation of Hawley’s supervised release,
notwithstanding that the district court also considered that
Hawley had breached the trust placed in him by the Government.
The sentence is not plainly unreasonable. See United States v.
Gonzalez, 250 F.3d 923, 925, 930 (5th Cir. 2001). The sentence
is AFFIRMED.
Without opposition, the Government seeks to have the
appellee’s brief and appellant’s reply brief sealed because they
refer to matters contained in sealed portions of the record.
Good cause having been shown for the request, the motion is
GRANTED.
AFFIRMED; MOTION GRANTED.