United States v. Ramos

*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this opinion should not be published and is not precedent except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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51280
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GILBERT RAMOS,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(DR-00-CR-511-1-WWJ)
_________________________________________________________________
September 17, 2002
Before REAVLEY, BARKSDALE, and CLEMENT, Circuit Judges.
PER CURIAM:*
We hold: (1) the district court did not abuse its discretion
by disqualifying Ramos’ attorney who had also represented Ramos and
Rodriguez in a civil proceeding, with Rodriguez later testifying
against Ramos in this case; (2) the district court did not err by
not dismissing the indictment brought under 18 U.S.C. § 666 when
the wages Ramos “received” were not bona fide; and (3) the district
court did not abuse its discretion by not giving a requested

-- 1 of 2 --

2
instruction regarding the bona fide wage exception found in 18
U.S.C. § 666(c), in that, inter alia, the refused instruction was
substantially covered by those given. Accordingly, the judgment is
AFFIRMED.

-- 2 of 2 --