[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT SEPTEMBER 23, 2005 No. 04-13140 THOMAS K. KAHN CLERK ________________________

D. C. Docket No. 04-14009-CR-DMM

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TIMOTHY RAY DARNALL, a.k.a. Timothy Ray Darnell, Defendant-Appellant.

________________________

Appeal from the United States District Court for the Southern District of Florida _________________________

(September 23, 2005)

Before TJOFLAT and BARKETT, Circuit Judges, and FULLER *, Chief District Judge.

* Honorable Mark E. Fuller, United States Chief District Judge for the Middle District of Alabama, sitting by designation. PER CURIAM:

Having reviewed the briefs and considered argument of counsel, we find no

error as to Appellant’s conviction or sentence. See United States v. Lebovitz, 401 F.3d 1263 (11 th Cir. 2005); United States v. Rodriguez, 398 F.3d 1291 (11 th Cir.

2005); United States v. Murrell, 368 F.3d 1283 (11 th Cir. 2004). Accordingly, the

conviction and sentence are affirmed.

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