Court of Appeals for the Fifth Circuit July 21, 1998, 97-30570 (United States v. John E. Milton, Iii, Also Known as Boo Milton)

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal presents, once again, application of our plain error standard of review for a defendant’s failure at sentencing to object to lack of notice, when the district court utilizes a basis for upward departure not advanced pre-sentencing by either the pre-sentence report, a submission by the Government, or the district court.