United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 12, 2005
Charles R. Fulbruge III
Clerk
No. 05-40373
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VALANE MARIE ACEVEDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:04-CR-83-ALL
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges
PER CURIAM:*
Valane Marie Acevedo appeals from a guilty-plea conviction
for transporting an unlawful alien within the United States. See
8 U.S.C. §§ 1324(a)(1)(A)(ii), (v)(II), (B)(ii). Acevedo argues
that the district court impermissibly delegated its authority to
the probation officer to determine whether and to what extent
Acevedo should participate in a drug treatment program.
Acevedo concedes that she did not raise an objection to this
condition of supervised release; therefore the issue is reviewed
*
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this opinion should not be published and is not precedent except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. 05-40373
-2-
for plain error. See United States v. Vega, 332 F.3d 849, 852
n.3 (5th Cir. 2003). Acevedo has failed to provide binding
authority demonstrating that the delegation was obvious error
that affected her substantial rights. Accordingly, she cannot
demonstrate the requisite elements of plain error. See United
States v. Calverly, 37 F.3d 160, 164 (5th Cir. 1994)(en banc).
AFFIRMED.