Conference Calendar UNITED STATES OF AMERICA v. Brandon Donnell Bratcher

* 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should not be published and is not precedent except under the limited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. 07-51112
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
BRANDON DONNELL BRATCHER
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:06-CR-62-ALL
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Brandon Donnell Bratcher presents an issue that he concedes is foreclosed.
In United States v. Phillips, 382 F.3d 489, 499-500 (5th Cir. 2004), we held that
the offense of possessing a controlled substance within a school zone under 21
U.S.C. § 860 is not subject to safety valve relief under 18 U.S.C. § 3553(f). The
Government’s motion for summary affirmance is GRANTED, and the judgment
United States Court of Appeals
Fifth Circuit
F I L E D
April 16, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51112
2
of the district court is AFFIRMED. The motion for an extension of time in which
to file a brief is DENIED.

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