United States v. Mullins

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 6, 2006
• Docket: 04-61173
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 6, 2006

Charles R. Fulbruge III Clerk No. 04-61173 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONDALL MULLINS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:02-CR-60-MPM-ALL --------------------

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Rondall Mullins appeals the district court’s revocation of his

supervised release and imposition of a term of imprisonment. See

18 U.S.C. § 3583(g). He argues that the district court erred in

not imposing substance-abuse treatment pursuant to 18 U.S.C.

§3583(d) in lieu of incarceration. Mullins committed several

violations of the conditions of his supervised release. Failure of

a drug test was but one of those violations. Moreover, the

district court considered but rejected the available treatment

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-61173 -2-

options. See 18 U.S.C. § 3583(d). Accordingly, there was no error

in the district court’s revocation of supervised release and

imposition of a term of imprisonment.

AFFIRMED.