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
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-02-CR-769-1
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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this opinion should not be published and is not precedent except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.