USA v. Avila-Rodriguez

Filing 920061005


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 5, 2006 Charles R. Fulbruge III Clerk No. 06-50177 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO AVILA-RODRIGUEZ, also known as Juan Carlos Sanchez-Avila, also known as Juan Carlos Sanchez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CR-1857 -------------------Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Pedro AvilaRodriguez raises arguments that are foreclosed by United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), which held that a defendant must allege prejudice resulting from the district court's failure to ask the defendant directly whether the defendant has read and discussed the presentence report with counsel. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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