United States v. Donald T. Smitherman

956 F.2d 1131

UNITED STATES of America, Plaintiff-Appellee,
v.
Donald T. SMITHERMAN, Defendant-Appellant.

No. 91-7331

Non-Argument Calendar.

United States Court of Appeals,
Eleventh Circuit.

March 31, 1992.

W. Lloyd Copeland, Claek, Deen & Copeland, Mobile, Ala., for defendant-appellant.

Richard Moore, U.S. Atty., Mobile, Ala., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Alabama.

Before TJOFLAT, Chief Judge, HATCHETT and BIRCH, Circuit Judges.

PER CURIAM:

1

The sole issue in this case is whether the appellant may raise under the plain error doctrine a sentencing error which was not objected to at the time of sentencing.

2

At sentencing, the district court followed to the letter the procedure mandated by this court in United States v. Jones, 899 F.2d 1097 (11th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 275, 112 L.Ed.2d 230 (1990), and the appellant did not object to the sentence or the sentencing process on the basis of an ex-post facto violation. He seeks to raise that claim on appeal. We hold that the ex-post facto claim has been waived. To hold otherwise would nullify our recent holding in Jones.

3

Accordingly, the district court is affirmed.

4

AFFIRMED.