United States v. Campbell

RHESA HAWKINS BARKSDALE, Circuit Judge,

concurring:

I concur. But, in my opinion, it is most arguable that we should review the motion for aequittal/element of the offense issue only for plain error, because Campbell did not later object to the jury instruction on this point. Cf. United States v. Graves, 5 F.3d 1546, 1551-53 (5th Cir.1993) (reviewing for plain error where defendant did not make contemporaneous objection to admission of evidence that was subject of earlier ruling on motion in limine).