United States v. Leverton

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-21241 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARTHUR RAY LEVERTON, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CR-87-ALL -------------------- August 29, 2002 Before DAVIS, JONES, and DENNIS, Circuit Judges. PER CURIAM:* Arthur Ray Leverton appeals from his sentence following the revocation of his supervised release. Leverton argues that the district court committed reversible error by including in its written judgment special conditions of supervised release that were not orally pronounced at sentencing. In the alternative, Leverton argues that the district court unlawfully delegated to the probation officer the authority to determine Leverton’s ability to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-21241 -2- pay the costs of his drug treatment. We have recently rejected nearly identical arguments. See United States v. Warden, 291 F.3d 363, 365-66 (5th Cir. 2002). AFFIRMED.