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U.S. v. BUTLER

No. 97-20603, Summary Calendar.

137 F.3d 1371 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Griouard V. BUTLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 1998.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, Brent Evan Newton, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Griouard Butler challenges his sentence on the grounds that the Mandatory Victim Restitution Act of 1996 ("MVRA") violates the Fifth Amendment, the Eighth Amendment, and the separation of powers doctrine. To the extent that Butler's Fifth and Eighth Amendment claims depend on his speculation that he will be imprisoned because of his indigence, they are premature and not ripe for review; Butler does not assert that he has suffered or is about to suffer...

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