IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10171
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHONNAS EICKE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:94-CR-69-01
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Johonnas J. Eicke argues that his sentence should be
reversed because he was not allowed to exercise fully his right
of allocution at sentencing. Eicke admits that this issue was
not raised before the district court and asserts the plain error
standard of review, which we now apply. Based on our review of
the record, we hold that the district court did not commit plain
error with regard to Eicke’s right of allocution at sentencing.
Indeed the district court afforded Eicke a lengthy allocution,
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-10171
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eventually giving him a "three-minute warning" before finally
cutting off Eicke's rambling compilation of non sequiturs.
United States v. Olano, 507 U.S. 725 (1993); United States v.
Calverley, 37 F.3d 160 (1994) (en banc), cert. denied, 115 S. Ct.
1266 (1995).
AFFIRMED.