United States v. Avila-Rodriguez

202 F. App'x 31

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 5, 2006
• Docket: 06-50177
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Pedro Avila-Rodriguez raises argu ments 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.