United States v. Joseph

* 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that this opinion should not be published and is not precedent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. 01-50708
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL JOSEPH, JR., also known as Andrew Smith,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-99-CR-112-2
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April 17, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Daniel Joseph, Jr., also known as Andrew Smith, appeals from
his conviction following his guilty plea to conspiracy to possess
with intent to distribute more than 500 grams of cocaine. Joseph
argues that the district court did not comply with FED. R. CRIM.
P. 11(f), which requires the district court to determine whether
there is a factual basis for a guilty plea.
Because Joseph did not raise his Rule 11(f) objection in the
district court, this court’s review is for plain error only.
United States v. Vonn, 122 S. Ct. 1043, 1046 (2002). The plea

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No. 01-50708
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agreement, the plea colloquy, and the magistrate judge’s fact
finding that Joseph’s plea was supported by an independent basis
in fact, which contained each of the essential elements of his
offense, as well as evidence presented at the sentencing hearing,
all show that the district court met the requirements of Rule
11(f). Joseph has not shown plain error.
AFFIRMED.

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