UNITED STATES COURT OF APPEALS
For the Fifth Circuit
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No. 98-30495
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
MICHAEL SHORT, also known as Nate,
Defendant-Appellant.
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Appeal from the United States District Court
For the Eastern District of Louisiana
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August 11, 1999
ON PETITION FOR PANEL REHEARING
(Opinion July 15, 1999, 5th Cir., 1999, _____F.3d____)
Before POLITZ, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:
Defendant-Appellant Michael Short asks for panel rehearing
because our prior opinion did not specifically discuss his twelfth
point of error.
Short’s twelfth point of error is that his indictment was
insufficient as to Counts 1 and 2 because it failed to specify when
the drug conspiracy and continuing criminal enterprise began. But
Short raised this issue for the first time on appeal and does not
assert specific prejudice or a miscarriage of justice resulting
from the alleged defect in the indictment. Therefore, under a
plain error standard of review, Short’s argument must fail.
Short’s Petition for Panel Rehearing is therefore DENIED.