United States v. Raborn

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS April 17, 2003 For the Fifth Circuit Charles R. Fulbruge III Clerk

No. 02-30852

UNITED STATES OF AMERICA

Plaintiff - Appellee,

VERSUS

NORBEY E. RABORN,

Defendant - Appellant.

Appeal from the United States District Court For the Western District of Louisiana, Shreveport 01-CR-50050-ALL

Before DAVIS, HALL*, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:**

The district court erred by sentencing Raborn in his absence.

See Fed.R.Crim.P.43; United States v. Moree, 928 F.2d 654, 656(5th

Cir. 1991). It is therefore ordered that Raborn’s sentence be

vacated and the matter remanded.

* Circuit Judge for the Ninth Circuit, sitting by designation. ** Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. VACATED AND REMANDED.