UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-51035
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
FRANKLIN ROBLIN JOHNSTON, also known as Johnny Johnston,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(A-95-CR-154-2)
February 11, 1999
Before GARWOOD, DAVIS and DeMOSS, Circuit Judges.
PER CURIAM:*
After reviewing the record in this case and considering the
arguments and briefs of counsel, we conclude that even if the
district court committed error in this case, that error was
harmless. Both counsel assured us at argument that Johnson will
serve no additional time as a result of this sentence because it
runs concurrently with a previously imposed sentence and Johnston
is entitled to full credit for time served on the previous
conviction.
AFFIRMED.
*
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this opinion should not be published and is not precedent except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.