IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40912
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL CHAPA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-C-91-137
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June 3, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Manuel Chapa appeals the revocation of his supervised release,
pursuant to 18 U.S.C. § 3583(e)(3). He contends that he was denied
due process, claiming that the Government did not list a pending
criminal mischief charge in the petition to revoke supervised
release or inform defense counsel of its existence, but that the
district court nevertheless considered that charge in determining
his sentence. Based upon our review of the record, we conclude
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
that there was no due process violation. See United States v.
Ayers, 946 F.2d 1127, 1129 (5th Cir. 1991). Among other things, it
does not appear that the district court considered the charge in
issue in imposing sentence.
AFFIRMED
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