IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40321
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CANDELARIO SEGURA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-264-1
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January 28, 2003
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Candelario Segura appeals his sentence with respect to the
imposition of concurrent three-year terms of supervised release
following his plea of guilty to two counts of assaulting a federal
employee in the performance of his official duties. 18 U.S.C.
§ 111(a)(1). Segura contends that the maximum period of supervised
release authorized for his offense is one year and requests that
his case be remanded to the district court for resentencing.
*
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that this opinion should not be published and is not precedent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.
Segura concedes that our review is limited to plain error because
he did not raise the issue in the district court.
Segura’s offense is a Class E felony for which the maximum
term of supervised release is one year. See 18 U.S.C. §§
111(a)(1), 3559(a)(5), 3583(b)(3). The Government concedes that
the three-year term of supervised release imposed by the district
court exceeds that authorized by law. This court will correct
overlong terms of supervised release on plain-error review. See
United States v. Cooper, 274 F.3d 230, 244 (5th Cir. 2001).
Accordingly, we MODIFY the length of Segura’s concurrent terms
of supervised release to one year. See U.S.S.G. § 5D1.2(a)(3)
(mandating one-year term of supervised release for a defendant
convicted of a Class E felony). The sentence is AFFIRMED AS
MODIFIED.
2