United States v. Arnold

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-10554 & No. 95-10557 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TODD ALAN ARNOLD,

Defendant-Appellant.

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STEPHEN GREGG ECHOLS,

- - - - - - - - - - Appeals from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-001-A-(2) USDC No. 4:95-CR-001-A-(3) - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Todd Alan Arnold and Stephen Gregg Echols appeal their

sentences following their guilty-plea convictions for conspiracy

to commit mail fraud, wire fraud, bank fraud, and money

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-10554 & 95-10557 -2-

laundering; and for mail fraud, for their role in a telemarketing

scheme. They argue that the district court erred in grouping the

money-laundering and fraud counts under U.S.S.G. § 3D1.2 because

the counts did not involve the same victims.

Appellants did not raise the issue in the district court; we

therefore review only for plain error. See United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc), cert.

denied, 115 S. Ct. 1266 (1995). We have reviewed the record, the

arguments, and the district court's decision to group the counts,

and find no error, plain or otherwise. See United States v.

Leonard, 61 F.3d 1181, 1185-86 & n.5 (5th Cir. 1995).

AFFIRMED.