United States v. Bounds

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-50088

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

BOBBY G. BOUNDS,

Defendant-Appellant. --------------------

Appeal from the United States District Court for the Western District of Texas USDC No. W-98-CR-97-1 --------------------

July 16, 1999

Before POLITZ, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:*

Bobby G. Bounds pleaded guilty to the distribution and possession of visual depictions of sexual activities by minors which had been shipped or transported in interstate commerce. The presentence report revealed that when Bounds lived in Germany, he had abused sexually his two minor stepdaughters. Based on this, the government filed a belated objection to the PSR, contending that under Sentencing Guidelines § 2G2.2, comment. (n.2), the district court should depart upwards in its sentence. The district court agreed and imposed an upward departure.

Bounds maintains that the district court lacked jurisdiction to punish him for the events alleged to have occurred in a foreign country. Bounds failed to advance this argument in the district court; it is deemed forfeited.2 To prevail, Bounds must show that the district court’s upward departure resulted in an error that was clear or obvious.3 No such showing has been made. As to Bounds’s suggestion that the district court erred by considering the government’s belated objection to the PSR, we find no reversible error.4

AFFIRMED.