United States v. Castaneda

* 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opinion should not be published and is not precedent except under the limited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. 99-20739
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERNESTO C. CASTANEDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CR-142-76
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July 19, 2000
Before JOLLY, JONES and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ernesto C. Castaneda appeals from his conviction and
sentence following his guilty plea to one count of structuring
transactions to evade reporting requirements, in violation of 31
U.S.C. §§ 5322 and 5324(a)(3), and 18 U.S.C. § 2. We have reviewed
the record and the briefs of the parties, and we find no reversible
error. The district court did not plainly err by failing to afford
Castaneda the opportunity to withdraw his guilty plea when he did
not receive the sentence contemplated in the plea agreement he
entered pursuant to Fed. R. Crim. P. 11(e)(1)(B). See United
States v. Palomo, 998 F.2d 253, 256 (5th Cir. 1993). Nor did the
court err in refusing to award Castaneda a two-level reduction in

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No. 99-20739
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his offense level based upon an assertion of acceptance of
responsibility. See United States v. Watson, 988 F.2d 544, 551
(5th Cir. 1993). Accordingly, Castaneda’s conviction and sentence
are AFFIRMED.

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