United States v. Ellison

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED June 19, 2008 No. 07-10911 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JIMMIE LOUIS ELLISON

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-141-ALL

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* Jimmie Louis Ellison appeals the 23-month sentence of imprisonment he received upon revocation of his supervised release. He asserts that his sentence is in violation of the principles announced in United States v. Booker, 543 U.S. 220 (2005), Blakely v. Washington, 542 U.S. 296 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000), because in revoking his supervised release, the district court is permitted to increase the maximum sentence beyond the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10911

maximum supported by a jury verdict or admitted by a defendant. Ellison acknowledges that this argument is foreclosed by United States v. Hinson, 429 F.3d 114 (5th Cir. 2005). Accordingly, we AFFIRM the district court’s judgment.