United States v. Washington

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________

No. 01-10091 Summary Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WILLIE LEON WASHINGTON,

Defendant-Appellant. ____________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (5:94-CR-31-2-C) ____________________________________________________________ June 4, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Willie Leon Washington appeals the district court’s revocation

of his supervised release. Washington was represented by appointed

counsel (Federal Public Defender).

First, Washington maintains the court: should have required

the Government to present independent evidence against him; and

should have provided reasons for its judgment. Washington waived

these rights by pleading true to the charges in the revocation

motion. See Morrissey v. Brewer, 408 U.S. 471, 489 (1972); United

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. States v. Ayers, 946 F.2d 1127, 1129-30 (5th Cir. 1991); United

States v. Holland, 850 F.2d 1048, 1050-51 (5th Cir. 1988).

Second, Washington also contends, for the first time on

appeal, that the court should have ascertained on the record that

this plea was knowing and voluntary. He asserts that, even though

a revocation hearing is involved, such court-action is required

under Boykin v. Alabama, 395 U.S. 238 (1969). Because Washington

did not object to the court’s failure to do so, review is only for

plain error. E.g., United States v. Calverley, 37 F.3d 160, 162-64

(5th Cir. 1994)(en banc), cert. denied, 513 U.S. 1196 (1995).

Washington does not even satisfy the first step for plain error

review; he has failed to show “clear” or “obvious” error arising

out of not being provided Boykin protections at the hearing.

AFFIRMED