U.S. v. SCALLON

No. 11-40236.

683 F.3d 680 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Earl SCALLON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 2012.


Attorney(s) appearing for the Case

William D. Baldwin , Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.

Harold Earl Scallon , Seagoville, TX, for Defendant-Appellant.

Before REAVLEY, PRADO and OWEN, Circuit Judges.


PER CURIAM:

This case presents the narrow question whether the denial of a defendant's motion under 18 U.S.C. § 3583(e)(2) to modify the terms of supervised release imposed as part of the original sentence falls within the scope of the defendant's waiver, as part of his plea agreement, of his right to appeal his conviction and sentence and to contest his sentence in any post-conviction proceeding. We hold that it does, and we therefore dismiss this appeal.

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