Case: 19-20520 Document: 00515594694 Page: 1 Date Filed: 10/08/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 8, 2020 No. 19-20520 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Alton Joseph Thomas, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-676-1 Before Owen, Chief Judge, and Davis and Southwick, Circuit Judges. Per Curiam:* Alton Joseph Thomas appeals a discretionary condition of supervised release in his written judgment, arguing that it conflicts with the district court’s oral pronouncement of his sentence. Because any discrepancy between the written judgment and oral pronouncement is a reconcilable * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20520 Document: 00515594694 Page: 2 Date Filed: 10/08/2020 No. 19-20520 ambiguity, not a conflict, the district court did not abuse its discretion, and we AFFIRM. I Thomas pleaded guilty to one count of being a felon in possession of a firearm. When arrested, he was on deferred adjudication probation for a felony family violence assault. Thomas also has an extensive criminal history, spanning twenty convictions over an eighteen-year period. Relevant to this appeal, many of Thomas’s convictions involved violent behavior toward women. The underlying offenses include armed robbery, harassment, violation of protective orders, and assault. Thomas’s presentence investigation report (PSR) noted this “history of assaultive behavior.” The PSR also explained that Thomas reported previous diagnoses of depression and schizophrenia but had not been prescribed medication for these conditions and was not experiencing active symptoms. Finally, the PSR recommended several supervised–release conditions related to substance abuse but did not propose mental health treatment. During the sentencing hearing, the district court gave Thomas an opportunity to speak. Thomas described his criminal record as “just an indication of [his] growth and the issues that [he] had to deal with,” attributing several prior convictions to “[i]mproper thinking” and a faulty “thinking process.” Addressing Thomas’s frequent convictions, the court opined, “I think the problem is you like the life of being a tough guy and doing what you want when you want.” Thomas disputed this assessment, stating that he “had issues, you know, trauma” and had “been through mental health.” Thomas further explained that he had “been through a lot at a early age.” The court asked when Thomas, then thirty-eight, had “quit being in an early age,” and he replied, “When I gathered myself mentally.” 2 Case: 19-20520 Document: 00515594694 Page: 3 Date Filed: 10/08/2020 No. 19-20520 Questioning Thomas about specific offenses, the court noted, “[Y]ou’ve got these issues that compel you to do things that are illegal. . . . What issue were you dealing with with the assault on a family member?” Again, Thomas blamed his “[i]mproper thinking.” When the court mentioned the violent details of Thomas’s offenses against women, Thomas once more referred ...
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