United States v. Aguilar-Cortez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 18, 2004 Charles R. Fulbruge III Clerk No. 03-40665 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALFREDO GILBERTO AGUILAR-CORTEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-02-CR-747-1 -------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges. PER CURIAM:* Alfredo Gilberto Aguilar-Cortez appeals his sentence following his guilty plea conviction for transporting an undocumented alien within the United States. Aguilar challenges a condition of supervised release set forth in the written judgment that prohibits him from possessing “any other dangerous weapon.” Aguilar argues that this provision must be deleted from the written judgment because the district court did not mention the condition when it orally pronounced sentence. This issue is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40665 -2- foreclosed by United States v. Torres-Aguilar, 352 F.3d 934, 938 (5th Cir. 2003). AFFIRMED.