IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50869
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RANDY JOE WHITE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-94-CR-68
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August 2, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Randy Joe White appeals his jury conviction for being a
felon in possession of a firearm in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a). White argues that the district court
committed plain error in refusing to allow a defense witness to
testify because she was present during the Government’s
presentation of two witness’ testimony in violation of the
district court’s sequestration order. Because White and his
trial counsel had knowledge and consented to the witness’
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-50869
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presence in the courtroom after the district court imposed the
sequestration order, the district court did not commit plain
error in excluding the testimony. United States v. Kilijan, 456
F.2d 555, 560 (8th Cir. 1972).
White also argues that the Government did not present
sufficient evidence to support his conviction for being a felon
in possession of a firearm. He contends that there was not
sufficient evidence that he possessed the firearm. Because White
failed to move for a judgment of acquittal at the close of the
evidence, his claim is reviewable only to determine whether there
was a manifest miscarriage of justice. United States v. Laury,
49 F.3d 145, 151 (5th Cir.), cert. denied, 116 S. Ct. 162 (1995).
We have reviewed the record and it is not “devoid of evidence
pointing to guilt” or “so tenuous that a conviction would be
shocking.” United States v. Pierre, 958 F.2d 1304, 1310 (5th
Cir.), (en banc), cert. denied, 506 U.S. 898 (1992).
AFFIRMED.