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U.S. v. CALVERLEY

No. 92-1175.

37 F.3d 160 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Lynn CALVERLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 20, 1994.

Attorney(s) appearing for the Case

Timothy Crooks, Asst. Fed. Pub. Defender, Ira Kirkendoll, Fed. Pub. Defender, Ft. Worth, TX, for appellant.

Leonard Senerote, Delonia A. Watson, Asst. U.S. Attys., Richard H. Stephens, U.S. Atty., Dallas, TX, for appellee.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.

POLITZ, Chief Judge:

This appeal provides the occasion for our en banc court to revisit and clarify the issue of plain error in criminal cases in this circuit. Convicted on a guilty plea of possession of ethyl ether with intent to manufacture amphetamine, Timothy Lynn Calverley challenges his sentence. Three of the assigned errors were not raised in the trial court and do not constitute plain error. The fourth is without merit. We affirm.

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