United States v. Short

181 F.3d 620

Opinion

UNITED STATES COURT OF APPEALS For the Fifth Circuit

___________________________

No. 98-30495 ___________________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

MICHAEL SHORT, also known as Nate,

Defendant-Appellant.

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Appeal from the United States District Court For the Eastern District of Louisiana ___________________________________________________ August 11, 1999

ON PETITION FOR PANEL REHEARING (Opinion July 15, 1999, 5th Cir., 1999, _____F.3d____)

Before POLITZ, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:

Defendant-Appellant Michael Short asks for panel rehearing

because our prior opinion did not specifically discuss his twelfth

point of error.

Short’s twelfth point of error is that his indictment was

insufficient as to Counts 1 and 2 because it failed to specify when

the drug conspiracy and continuing criminal enterprise began. But

Short raised this issue for the first time on appeal and does not

assert specific prejudice or a miscarriage of justice resulting

from the alleged defect in the indictment. Therefore, under a

plain error standard of review, Short’s argument must fail.

Short’s Petition for Panel Rehearing is therefore DENIED.