IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-11471
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRELL WAYNE SAULS,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
(4:96-CR-68-A)
July 15, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Darrell Wayne Sauls appeals his sentence following a guilty
plea conviction for money laundering in violation of 18 U.S.C. §
1957. Sauls contends that the district court abused its discretion
when it upwardly departed from the applicable sentencing guidelines
range under U.S.S.G. § 4A1.3. As Sauls did not object to the
departure in district court, our review is limited to plain error.
See United States v. Hawkins, 87 F.3d 722, 730 (5th Cir.), cert.
denied, 117 S. Ct. 408 (1996). In this case the court’s concern
*
Pursuant to 5th Cir. R. 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this opinion should not be published and is not precedent except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 5th Cir. R. 47.5.4.
that Sauls’ plea agreement understated his involvement in the
offense was quelled by Sauls’ attorney who assured the court that
if the plea agreement was accepted, Sauls could be sentenced to ten
years. Under these circumstances, we find that any error did not
seriously affect the fairness, integrity, or public reputation of
judicial proceedings. See United States v. Calverly, 37 F.3d 160,
162 (5th Cir. 1994), cert. denied, 115 S. Ct. 1266 (1995).
AFFIRMED.
2