                  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




     *
      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this opinion should not be published and is not precedent except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.
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.




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