United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 30, 2007
Charles R. Fulbruge III
Clerk
No. 06-40133
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JONATHAN BISHOP, also known as Willie Bruce Allen,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:99-CR-97-1
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Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jonathan Bishop appeals the 24-month sentence imposed
following the revocation of supervised release. He contends that
the district court erred by finding that the conduct that
resulted in revocation, possession of a small amount of cocaine,
was a Grade B violation rather than a Grade C violation.
A conviction for possession of any amount of cocaine could
have resulted in Bishop’s imprisonment for more than one year
under Texas law. See TEXAS HEALTH & SAFETY CODE § 481.112; TEXAS PENAL
CODE § 12.35(a). The conduct therefore constituted a Grade B
*
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this opinion should not be published and is not precedent except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. 06-40133
-2-
violation, and the sentence was within the proper advisory
guidelines range. See U.S.S.G. §§ 7B1.1(a)(2), 7B1.4(a)(table).
In any event, the sentence did not exceed the statutory
maximum, and the district court considered the sentencing factors
of 18 U.S.C. § 3553(a) when choosing the sentence. The sentence
was thus neither “unreasonable” nor “plainly unreasonable.” See
United States v. Hinson, 429 F.3d 114, 119-20 (5th Cir. 2005),
cert. denied, 126 S. Ct. 1804 (2006).
The district court’s judgment is AFFIRMED.