USA vs. Brown, (5th Cir. 2002)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-50007 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWARD LOUIS BROWN, JR., also known as Edward Lewis Brown, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. W-97-CR-3-1 August 2, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * Edward Louis Brown, Jr., appeals the district court§ 3583(e)(3); United States v. McCormick , 54 F.3d 214, 219 (5th Cir. 1995).
This court reviews the district court’s decision for an abuse of discretion. See McCormick , 54 F.3d at 219. In considering a challenge to the sufficiency of the evidence, this court views “the evidence and all reasonable inferences that may be drawn from the evidence in a light most favorable to the government.” United States v. Alaniz-Alaniz , 38 F.3d 788, 792 (5th Cir. 1994) (internal citation omitted).
Because of the clear conflicts between the testimony of the witnesses, the district court made implicit credibility determinations in reaching its decision. This court does not pass on a district courtÂ’s determination as to the credibility of witnesses. Id. at 791. Accepting all reasonable credibility choices that tend to support the decision, the evidence, when viewed in its entirety, is sufficient to establish that Brown violated the conditions of his supervised release. AFFIRMED.
No. 02-50007
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Woody Hyatt Mccormick, Jr., Defendant-Appellant., 54 F.3d 214 (5th Cir. 1995)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Homero Alaniz-Alaniz, Defendant-Appellant. No. 94-60114. Summary Calendar., 38 F.3d 788 (5th Cir. 1994)
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