Summary Calendar UNITED STATES OF AMERICA v. Emile Nickerson

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30204
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EMILE NICKERSON
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-108-1
Before JOLLY, DAVIS and DeMOSS, Circuit Judges
PER CURIAM:*
Emile Nickerson was convicted of three counts of distributing crack
cocaine and sentenced to serve ten years in prison. Nickerson appeals his
convictions. He argues that he should have been permitted to withdraw his
pleas because the district court did not accept them at rearraignment.
Nickerson has shown no plain error in connection with this claim. See United
States v. Vasquez, 216 F.3d 456, 459 (5th Cir. 2000). Indeed, Nickerson has
failed to show that the district court did not accept his plea at rearraignment.
United States Court of Appeals
Fifth Circuit
F I L E D
March 14, 2008
Charles R. Fulbruge III
Clerk

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No. 07-30204
2
Rather, the record is unclear concerning when the plea was accepted. A
fortiorari, Nickerson has shown no plain error in connection with his claim that
he was entitled to withdraw his plea because it had not yet been accepted. See
id. The judgment of the district court is AFFIRMED.

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