U.S. v. RODRIGUEZ

No. 93-7291.

15 F.3d 408 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 18, 1994.


Attorney(s) appearing for the Case

H. Michael Sokolow, Joe F. Sepeda, Asst. Federal Public Defenders, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, for defendant-appellant.

B. Janice Ellington, Paula C. Offenhauser, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before WISDOM, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.


BARKSDALE, Circuit Judge:

Johnny Rodriguez appeals from his conviction and sentence, with the sentencing issue (the fine imposed) turning on the plain error rule, a rule which seems to receive inconsistent application. Doubtless, this will be righted by the Supreme Court's recent clarification of the rule in United States v. Olano, ___ U.S. ___, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). We AFFIRM.

I.

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