United States v. Porter

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-20068 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JERRY DEVERY PORTER,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-206-2 - - - - - - - - - - October 23, 1996 Before POLITZ, CHIEF JUDGE, and JOLLY and HIGGINBOTHAM, CIRCUIT JUDGES.

PER CURIAM:*

Jerry Porter contends that the district court erred in

imposing a $5,000 fine in connection with his conviction and

sentence for armed bank robbery. The district court did not

clearly err in finding that Porter had the potential ability to

pay the fine in the future and did not abuse its discretion in

imposing the fine. United States v. Fair, 979 F.2d 1037, 1040-42

(5th Cir. 1992); United States v. Altamirano, 11 F.3d 52, 53 (5th

Cir. 1993).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-20388 -2-

AFFIRMED.