United States v. Davis, 306 F. App'x 851 (5th Cir. 2009). · Go Syfert
United States v. Davis, 306 F. App'x 851 (5th Cir. 2009). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: United States v. Daniel Lomas, III (ca5, 2016-02-10)
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discussed Cited as authority (rule) United States v. Daniel Lomas, III (2×)
5th Cir. · 2016 · confidence medium
In most instances, this sort of discretionary language — apparently used with some frequency, see, e.g., United States v. Villarreal, 519 Fed.Appx. 236, 237 (5th Cir.2013); United States v. Fernandez, 436 Fed.Appx. 384 , 385 (5th Cir.2011); United States v. Torres-Pindan, 400 Fed.Appx. 839, 841 (5th Cir.2010); United States v. Bishop, 603 F.3d 279, 280 (2010); United States v. De Los Santos, 332 Fed.Appx. 993, 993 (5th Cir.2009); United States v. Davis, 306 Fed.Appx. 851, 852 (5th Cir.2009); United States v. Grubert, 339 Fed.Appx. 406, 406 (5th Cir.2009); United States v. Mungia, 297 Fed.App…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee
v.
Paulette DAVIS, Defendant-Appellant
08-20055.
Court of Appeals for the Fifth Circuit.
Jan 12, 2009.
306 F. App'x 851
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee., Paulette Davis, pro se., Katherine Scardino, Houston, TX, for Defendant-Appellant.
Wiener, Stewart, Clement.
Cited by 3 opinions  |  Unpublished
PER CURIAM: *

Paulette Davis pleaded guilty to making false entries and reports of moneys or securities in violation of 18 U.S.C. § 2073. She was sentenced to two years of probation. As a special condition of her supervision while on probation, Davis was ordered to “participate in a mental health program as deemed necessary and approved by the probation officer.” Davis appeals, arguing that the district judge unlawfully and unconstitutionally delegated his statutory and Article III authority to determine sentencing conditions to a non-judicial officer.

Because Davis did not object at sentencing, this court reviews for plain error only. To show plain error, Davis must show an error that is clear or obvious and that affects her substantial rights. United States v. Baker, 538 F.3d 324, 332 (5th Cir.2008). If she makes such a showing, this court has the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. Id.

Davis cites primarily United States v. Albro, 32 F.3d 173 (5th Cir.1994), to support her position that the district judge plainly erred by delegating his authority to determine special conditions of release to a probation officer. In that case, Albro was convicted of bank fraud and ordered to pay restitution. Although the district judge himself determined the amount to be paid, he delegated the “manner of payment” to a probation officer. We agreed with Albro that “ ‘the amounts to be paid and the manner of payment should be recited in the [sentencing] order, rather than delegating these details to the probation officer.’ ” Id. at 174 (citations omitted). We found plain error and reversed.

In United States v. Warden, this court held that it was not plain error to allow a probation officer to determine a. defendant’s ability to pay for drug treatment; Albro concerned “restitution payments,” this court wrote, not the costs of drug treatment. 291 F.3d 363, 365-66 (5th Cir. 2002). In United States v. Vega, 332 F.3d 849, 852 n. 3 (5th Cir.2003), this court determined that it was not plain error to allow a probation officer to determine the length of a defendant’s drug treatment.

In light of our opinions in Warden and Vega, there could be no plain error here because our precedents do not plainly require the result Davis urges. Accordingly, Davis’s sentence is AFFIRMED.

*

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.