Filed: Jun. 23, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003 Charles R. Fulbruge III Clerk No. 02-50801 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL DON WATKINS, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. W-02-CR-13-1 - Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Michael Don Watkins (Watkins) appeals his con
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003 Charles R. Fulbruge III Clerk No. 02-50801 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL DON WATKINS, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. W-02-CR-13-1 - Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Michael Don Watkins (Watkins) appeals his conv..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-50801
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL DON WATKINS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CR-13-1
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Michael Don Watkins (Watkins) appeals his convictions for
manufacturing methamphetamine, theft of anhydrous ammonia with
intent to manufacture methamphetamine, and possession of
pseudoephedrine with intent to manufacture methamphetamine, in
violation of 21 U.S.C. §§ 841(a)(1), 843(a)(6), and 864(a)(1).
Watkins contends that the district court erred by not giving the
jury the statutory definition of the term “manufacture” after the
jury sent a note to the court requesting a definition.
*
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that this opinion should not be published and is not precedent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. 02-50801
-2-
The record reflects that Watkins’ counsel waived this issue
by advising the district court that he had no objection to the
court’s proposed response to the jury, which advised the jury
that words not specifically defined in the court’s instructions
were to be given their ordinary meaning. Because Watkins waived
this issue, it is unreviewable. See United States v. Musquiz,
45 F.3d 927, 931-32 (5th Cir. 1995) (citing United States v.
Calverley,
37 F.3d 160, 162 (5th Cir. 1994) (en banc)). Even if
the issue was reviewable, the district court did not err because
the term “manufacture” is within the common understanding of a
juror. See United States v. Beasley,
519 F.2d 233, 245 (5th Cir.
1975), vacated on other grounds,
425 U.S. 956 (1976); see also
United States v. Chenault,
844 F.2d 1124, 1131 (5th Cir. 1988).
AFFIRMED.