United States v. Bornkessel ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50077
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARS NELSON BORNKESSEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-94-CR-77
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April 15, 1997
Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Lars Nelson Bornkessel was convicted by a jury for wire
fraud. Bornkessel did not raise the issue concerning the
district court’s enhancement for finding that he was a manager on
his first appeal and it will not be considered on this second
appeal. See Burroughs v. FFP Operatiing Partners, 70 F.3d 31, 33
(5th Cir. 1996); Eason v. Thaler, 73 F.3d 1322, 1329 (5th Cir.
1996). The district court did not err in finding that Bornkessel
*
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that this opinion should not be published and is not precedent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.
No. 96-50077
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was responsible for $381,937.96 in losses as assistant manager at
Nationwide. See United States v. Davis, 76 F.3d 82, 84 (5th Cir.
1996). The district court did not abuse its discretion in
ordering restitution. See United States v. Ryan, 874 F.2d 1052,
1054 (5th Cir. 1989).
AFFIRMED.