United States v. Henry

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 30, 1995
• Docket: 95-30435
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-30435 (Summary Calendar) __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALFRED HENRY, JR.,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana (USDC No. 93-CR-20001) - - - - - - - - - - December 7, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals his conviction and sentence for possession

of a machinegun in relation to a drug trafficking crime. He argues

that he was entitled to downward departures for providing

substantial assistance to the Government and for reduced mental

capacity and that the Government breached the plea agreement. We

have reviewed the record and the reasoning of the district court

and find no reversible error. Thus, essentially for the reasons

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. stated orally by the district court at the hearing held on April

27, 1995, and in the written ruling issued the same day, the

conviction and sentence are

AFFIRMED.