United States v. Roy Garza

* 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that this opinion should not be published and is not precedent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.
F I L E D
United States Court of Appeals
Fifth Circuit
March 27, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41233
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRINIDAD ROY GARZA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-227-01
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Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Trinidad Roy Garza appeals his guilty plea conviction for
illegal reentry following deportation, in violation of 8 U.S.C.
§ 1326(a). He argues that the district court denied him his
right to allocution at sentencing because the district court’s
comments were discouraging, intimidating, and confusing.
Although no objection was made in the district court, we
review de novo whether the district court complied with FED.
R. CRIM. P. 32(c)(3)(C). United States v. Echegollen-Barrueta,

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No. 02-41233
-2-
195 F.3d 786, 789 (5th Cir. 1999). Our review of the sentencing
transcript indicates that the district court complied with FED.
R. CRIM. P. 32(c)(3)(C).
AFFIRMED.

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