USA v. Efrain Portillo-Caballero

Filing

UNPUBLISHED OPINION FILED. [12-41354 Affirmed ] Judge: TMR , Judge: EHJ , Judge: ECP Mandate pull date is 07/31/2014 for Appellant Efrain Portillo-Caballero [12-41354]

Case: 12-41354

Document: 00512693924

Page: 1

Date Filed: 07/10/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 12-41354
Summary Calendar

FILED
July 10, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EFRAIN PORTILLO-CABALLERO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1198-1
Before REAVLEY, JONES, and PRADO, Circuit Judges.
PER CURIAM: *
Efrain Portillo-Caballero pleaded guilty to being an alien found
unlawfully in the United States after deportation, and he was sentenced to a
46-month term of imprisonment. Portillo-Caballero contends that the district
court failed to inform him at rearraignment, as is required by Federal Rule of
Criminal Procedure 11(b)(1)(A), that the Government had the right to use
against him any statement that he gave under oath in a prosecution for perjury

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 12-41354

Document: 00512693924

Page: 2

Date Filed: 07/10/2014

No. 12-41354
or false statement. The Government concedes that Portillo-Caballero did not
receive the admonishment under Rule 11(b)(1)(A) but contends that the district
court’s omission did not affect Portillo-Caballero’s substantial rights.
Because Portillo-Caballero did not raise this issue in the district court,
we review only for plain error. See United States v. Vonn, 535 U.S. 55, 58-59
(2002). Portillo-Caballero has not shown a reasonable probability that, but for
the error, he would not have entered his guilty plea. See United States v.
Dominguez Benitez, 542 U.S. 74, 83 (2004).
AFFIRMED.

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