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United States v. Donald T. Smitherman

UNITED STATES of America, Plaintiff-Appellee, v. Donald T. SMITHERMAN, Defendant-Appellant

United States v. Smitherman, 956 F.2d 1131 (11th Cir. 1992)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
March 31, 1992
Docket
No. 91-7331
Judges
Tjoflat, Hatchett, Birch
Citations
956 F.2d 11311992 WL 473771992 U.S. App. LEXIS 5572
Summary
Non-Argument Calendar.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

The sole issue in this case is whether the appellant may raise under the plain error doctrine a sentencing error which was not objected to at the time of sentencing.

At sentencing, the district court followed to the letter the procedure mandated by this court in United States v. Jones, 899 F.2d 1097 (11th Cir.), cert. denied, — U.S. -, 111 S.Ct. 275 , 112 L.Ed.2d 230 (1990), and the appellant did not object to the sentence or the sentencing process on the basis of an ex-post facto violation. He seeks to raise that claim on appeal. We hold that the ex-post facto claim has been waived. To hold otherwise would nullify our recent holding in Jones .

Accordingly, the district court is affirmed.

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1993: 11994: 11998: 119932026peak 1993 · 1

Relies on it most ⓘ

  1. United States v. Arthur D20 F.3d 1279 (3d Cir. 1994)
  2. United States v. Thomas Scott Wilson983 F.2d 221 (11th Cir. 1993)
  3. United States v. Greaves48 M.J. 883 (A.F.C.C.A. 1998)

Most recent

  1. United States v. Greaves48 M.J. 883 (A.F.C.C.A. 1998)
  2. United States v. Arthur D20 F.3d 1279 (3d Cir. 1994)
  3. United States v. Thomas Scott Wilson983 F.2d 221 (11th Cir. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Jones, 899 F.2d 1097 (11th Cir. 1990) 270
Sylvester v. United States, 498 U.S. 906 (1990) 89

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