United States v. Albert

*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not be published and is not precedent except under the limited circumstances set forth in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
June 22, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30708
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
versus
TIMOTHY WAYNE ALBERT
Defendant - Appellant
_________________________________________________________
Appeal from the United States District Court for
the Eastern District of Louisiana
(USDC No. 2:99-CR-257-3)
_________________________________________________________
Before REAVLEY, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*1
Albert appeals the revocation of his supervised release and the thirty-six month
sentence subsequently imposed. We review for abuse of discretion and affirm for the
following reason.

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2
“[T] his court will uphold a sentence unless it is in violation of the law or plainly
unreasonable.” United States v. Gonzalez, 250 F.3d 923, 925 (5th Cir. 2001) (internal
citations omitted). To revoke a term of supervised release, a district court must find by a
preponderance of the evidence that the defendant violated a condition of his release. 18
U.S.C. § 3583(e)(3). As a Class B felon, Albert was susceptible to three years
imprisonment for violating the conditions of his supervised release. Id. The
preponderance standard was easily satisfied because Albert stipulated to the Grade C
supervised release violations. In light of Albert’s lengthy criminal history, this sentence
is not plainly unreasonable.
AFFIRMED.

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