United States v. Gutierrez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 5, 2004 Charles R. Fulbruge III Clerk No. 03-41458 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. GERARDO JOSE GUTIERREZ, also known as polsIII Defendant - Appellant -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-02-CR-769-1 -------------------- Before KING, Chief Judge, and JONES and DENNIS, Circuit Judges. PER CURIAM:* Gerardo Jose Gutierrez appeals the sentence imposed following his guilty-plea conviction for receiving and distributing child pornography. He argues that the district court plainly erred by imposing a special condition of supervised release that prohibits him from possessing or accessing a computer or computer network outside of that specifically required for work or school, and by prohibiting him from accessing or using the Internet. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-41458 -2- Gutierrez has not shown that the district court plainly erred by imposing such a condition. See United States v. Paul, 274 F.3d 155, 170 (5th Cir. 2001); United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc). Accordingly, the judgment is AFFIRMED.