Summary Calendar UNITED STATES OF AMERICA v. Kimberly Newell Kindley

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-10732
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
KIMBERLY NEWELL KINDLEY
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-36-2
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Kimberly Newell Kindley appeals the district court’s decision to revoke her
term of supervised release. See 18 U.S.C. § 3583(g). She argues that the district
court erred in finding that it could not impose substance-abuse treatment
pursuant to 18 U.S.C. § 3583(d) in lieu of incarceration. Kindley committed
several violations of the conditions of her supervised release. Failure of a drug
United States Court of Appeals
Fifth Circuit
F I L E D
March 27, 2008
Charles R. Fulbruge III
Clerk

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No. 07-10732
1 Although an unpublished opinion issued after January 1, 1996 is not
controlling precedent, it may be considered as persuasive authority. See Ballard
v. Burton, 444 F.3d 391, 401 & n.7 (5th Cir. 2006) (citing 5TH CIR. R. 47.5.4.).
2
test was but one of those violations. Accordingly, there was no error in the
district court’s revocation of supervised release and imposition of a term of
imprisonment. See United States v. Harper, 34 Fed. App’x 150 (5th Cir. 2002);1
5TH CIR. R. 47.5.4.
AFFIRMED.

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