Public-domain · open source
OpenJurist

274 F. App'x 385

United States v. Bratcher

U.S. Courts of Appeals

Decided April 16, 2008

This page is marked noindex.

U.S. Courts of Appeals · decided 2008-04-16

Applies 18 U.S.C. § 3553 · 21 U.S.C. § 860 (§ 419 of the Controlled Substances Act)

Relies on United States v. Phillips

Decided 2008-04-16

PER CURIAM: *

¶1 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 *386 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 of the district court is AFFIRMED. The motion for an extension of time in which to file a brief is DENIED.

*

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/274/fappx/385 · .json · Public domain