United States v. Braden

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-20585 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OTIS GEORGE BRADEN,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-255 _________________________________________________________________ April 11, 1997

Before KING, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

Otis George Braden appeals his guilty plea conviction and

sentence for possession with intent to distribute cocaine base.

Braden’s unconditional guilty plea bars him from challenging the

district court’s ruling on his pretrial discovery motion. See

United States v. Smallwood, 920 F.2d 1231, 1240 (5th Cir. 1991).

Furthermore, the district court did not commit plain error by

failing to find that sentencing guideline and statutory provisions

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. relating to the carrying of a weapon during an offense were

unconstitutional. See United States v. Owens, 996 F.2d 59, 61 (5th

Cir. 1993). Finally, the court did not commit plain error in

refusing to make a downward departure from the sentencing

guidelines based upon the fact that Braden’s behavior was

“aberrant.” See United States v. Burleson, 22 F.3d 93, 95 (5th

Cir. 1994).

A F F I R M E D.

-2-