USA vs. Barcenas-Angelina, (5th Cir. 2001)

Docket Number: 01-50298

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50298 c/w No. 01-50306 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TEOFILIO BARCENAS-ANGELINA, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. DR-00-CR-583-1 December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM: * Teofilio Barcenas-Angelina appeals from his sentence following his conviction for illegal reentry into the United States following deportation. He argues that the district court failed to verify that he had reviewed the PSR and discussed the PSR with defense counsel, as required by F ED . R. C RIM . P. 32(c)(3)(A). The record supports his argument.

Barcenas-Angelina also argues that an F ED . R. C RIM . P. 32(c)(3)(A) error requires an automatic remand for resentencing.

An identical argument was recently rejected by this court. See United States v. Esparza-Gonzalez , 268 F.3d 272, 274 (5th Cir. 2001). Because Barcenas-Angelina did not object to the F ED . R. C RIM . P. 32(c)(3)(A) error during sentencing and has failed to allege that he was prejudiced by such error, he has not demonstrated plain error. Id. Accordingly, the judgment of the district court is AFFIRMED.

No. 01-50298 c/w No. 01-50306