United States v. Donald T. Smitherman

U.S. Court of Appeals for the Eleventh Circuit
United States v. Donald T. Smitherman, 956 F.2d 1131 (11th Cir. 1992)
1992 U.S. App. LEXIS 5572; 1992 WL 47377

United States v. Donald T. Smitherman

Opinion

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Donald T. SMITHERMAN, Defendant-Appellant
Cited By
3 cases
Status
Published