United States v. Sparks

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 3, 2003
• Docket: 02-41789
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS June 3, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-41789 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL KARL SPARKS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-02-CR-148-1 --------------------

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Michael Karl Sparks appeals his guilty-plea conviction for

seven counts of receiving computer images containing child

pornography in violation of 18 U.S.C. § 2252. Sparks argues that

the district court improperly participated in plea negotiations

in violation of former FED. R. CRIM. P. 11(e)(1). Because the

district court’s statements were limited to its rejection of the

plea agreement and its reasons for rejecting the plea agreement,

the district court did not improperly participate in plea

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-41789 -2-

negotiations. See United States v. Jeter, 315 F.3d 445, 449 (5th

Cir. 2002). Sparks has shown no error, plain or otherwise.

AFFIRMED.