UNITED STATES v. XIAO CHEN LIN (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. XIAO CHEN LIN, Defendant-Appellant

No. 17-11255

Decided: September 12, 2018

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee Aaron Ray Clements, Esq., Lubbock, TX, for Defendant-Appellant

Xiao Chen Lin has appealed the term of imprisonment imposed upon revocation of his supervised release. He contends that the district court erred by imposing a single revocation sentence when there were two underlying counts of conviction and two underlying periods of supervised release. Our review is for plain error. See United States v. Whitelaw, 580 F.3d 256, 259 (5th Cir. 2009). Because the revocation sentence did not exceed the maximum sentence available for either count, the district court did not commit a clear or obvious error. See Clark v. United States, 367 F.2d 378, 380 (5th Cir. 1966); see also Whitelaw, 580 F.3d at 260. The judgment is AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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