IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10603
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRYL RAY NEWTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
(4:94-CR-71-2-A)
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November 29, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Darryl Ray Newton appeals the revocation
of his supervised release pursuant to 18 U.S.C. § 3583(g). Newton
admitted that he had violated the terms and conditions of his
supervised release by using drugs, and his urinalysis test was
positive for drugs. He was therefore subject to the mandatory
revocation provision of 18 U.S.C. § 3583(g). See United States v.
Smith, 978 F.2d 181 (5th Cir. 1992). The district court noted
Newton’s participation in drug treatment programs but found that
his response to those programs was not favorable. See 18 U.S.C.
*
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this opinion should not be published and is not precedent except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.
§ 3583(d). The district court did not abuse its discretion in
revoking Newton’s supervised release. See 18 U.S.C. § 3583(e); see
United States v. McCormick, 54 F.3d 214, 219 (5th Cir. 1995).
AFFIRMED.
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