United States v. Newell

Court Case Details
Court Case Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-30829

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL A. NEWELL,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. CR-95-50027-01

- - - - - - - - - -

June 21, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

*

PER CURIAM:

Michael A. Newell appeals his conviction for passing

counterfeit United States currency. He claims that there was

insufficient evidence to support his conviction, that the district

court erred in allowing a government agent to testify as a lay

witness under F

.

R.

E

. 701, and that the district court

ED

VID

impermissibly commented on the evidence.

*

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that this opinion should not be published and is not precedent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.

Based on our review of the record, we conclude that the

evidence was sufficient. See United States v. Acosta, 972 F.2d 86,

89 (5th Cir. 1992). And, the admission of the agent's Rule 701

testimony was not an abuse of discretion. See, e.g., United States

v. Dotson, 799 F.2d 189, 194 (5th Cir. 1986). Finally, as for the

district court's comments on the agent's testimony, no objection

was made on that basis; the comments did not amount to plain error.

See, e.g., United States v. Calverley, 37 F.3d 160, 162-64 (5th

Cir. 1994) (en banc), cert. denied, ___ U.S. ___, 115 S. Ct. 1266

(1995).

AFFIRMED

2

Referenced Cases