United States v. Barrientos-Rodriguez

* 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that this opinion should not be published and is not precedent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. 01-20351
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME BARRIENTOS-RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-764-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Jaime Barrientos-Rodriguez appeals from his sentence for
illegal reentry following deportation. Barrientos contends for
the first time on appeal that the district court committed
reversible error by failing to comply with FED. R. CRIM.
P. 32(c)(3)(A), which requires district courts to ascertain that
the defendant and counsel have read and discussed the presentence
report. He does not argue that the district court’s
noncompliance affected his substantial rights. Because
Barrientos makes no showing of prejudice, he cannot prevail on

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No. 01-20351
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plain-error review. United States v. Esparza-Gonzalez, 268 F.3d
272, 274 (5th Cir. 2001).
AFFIRMED.

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