United States of America, Plaintiff-appellee, v. Donald T. Smitherman, Defendant-appellant, 956 F.2d 1131 (11th Cir. 1992)
Annotate this CaseNon-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:
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.
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.
Accordingly, the district court is affirmed.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
