IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40172
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL V. NEFF,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-94-CR-13-1
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December 19, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Michael V. Neff challenges the district court's restitution
order in the amount of $140,000. Inasmuch as Neff does not
challenge the terms of his plea agreement regarding the waiver of
appeal, and because Neff's sentence was neither above the
statutory maximum nor the result of an upward departure by the
court, the appeal is DISMISSED.
*
Local Rule 47.5.1 provides: "The publication of
opinions that merely decide particular cases on the basis of
well-settled principles of law imposes needless expense on the
public and burdens on the legal profession." Pursuant to that
Rule, the court has determined that this opinion should not be
published.