U.S. v. Webb, 90-8868

Decision Date30 September 1991
Docket NumberNo. 90-8868,90-8868
Citation943 F.2d 43
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Deron Darrell WEBB, Defendant-Appellant. Non-Argument Calendar. United States Court of Appeals, Eleventh Circuit
CourtU.S. Court of Appeals — Eleventh Circuit

John R. Francisco, Macon, Ga., for defendant-appellant.

G.F. Peterman, III, U.S. Attorney's Office, Macon, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Middle District of Georgia.

Before TJOFLAT, Chief Judge, HATCHETT and DUBINA, Circuit Judges.

PER CURIAM:

Deron Darrell Webb appeals the sentences he received for armed bank robbery and possession of a firearm during the commission of a felony. See generally, 18 U.S.C. § 3742(a) (1988). Webb's claim of error is that the district court, in sentencing him to a term of imprisonment within the guideline range, failed to state why it did not sentence him "at the lower end of the guideline range," the recommendation contained in Webb's plea agreement with the Government.

After imposing sentence, the district court, following our instructions in United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 275, 112 L.Ed.2d 230 (1990), asked the parties: "are there any objections to the sentence[s] imposed or to the findings or conclusions of the Court that support the sentence[s]?" Webb's attorney stated that there were none.

By failing to object, Webb waived the objection he now makes. Finding no "plain error" in his sentencing proceeding, or in the sentence he received, we affirm the district court.

AFFIRMED.

To continue reading

Request your trial
5 cases
  • MacElvain v. US
    • United States
    • U.S. District Court — Middle District of Alabama
    • 23 August 1994
  • U.S. v. Cobbs
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 10 August 1992
    ...recognize the general rule stated in Jones, that case does not preclude review of an issue if there is plain error. See United States v. Webb, 943 F.2d 43 (11th Cir.1991). "Even in the absence of an objection ... we may notice on appeal 'plain errors' or errors 'affecting substantial rights......
  • U.S. v. Neely, 91-3004
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 30 December 1992
    ...nor the government objected to the sentence. By failing to object, Neely waived the objections that he now makes. See United States v. Webb, 943 F.2d 43, 44 (11th Cir.1991). We will only consider objections raised for the first time on appeal under the plain error doctrine to avoid "manifes......
  • U.S. v. Obasohan
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 22 January 1996
    ...rule in Jones but noted that Jones "does not preclude review of an issue if there is plain error." Id. at 1557 (citing United States v. Webb, 943 F.2d 43 (11th Cir.1991)). In Cobbs, we concluded if a court orders restitution beyond that authorized by the Victim and Witness Protection Act (V......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT