United States v. Phelps

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 25, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-50119
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES PHELPS, JR., also known as Mr. D,
also known as Dave Smith,
Defendant-Appellant.
__________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:03-CR-197-6
__________________________________________________
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for the reasons given in its order dated
January 4, 2005. The court there found that Charles Phelps Jr. failed to prove that he owned an
interest in the forfeited property. That finding is supported by the evidence and is free of error.
Any pending motions are denied.
AFFIRMED.

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