United States v. Rivera

188 F. App'x 278

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 10, 2006
• Docket: 05-50575
• Status: Unpublished

Opinion

PER CURIAM: *

After trial on other charges and while the jury was still deliberating, Jose Antonio Castro Rivera (Castro) pleaded guilty to an information charging him with misprision of a felony, that is, conspiracy to import cocaine. Castro contends that the offense requires the concealment of a prior completed felony and that the factual resume does not show that he took affirmative steps to conceal such a felony. Our review is for plain error. See United States v. Calverley, 37 F.3d 160, 162 (5th Cir.1994) (en banc). Based on the trial testimony and Castro’s admissions during the rearraignment, the district court did not commit clear or obvious error in determining that Castro had actively concealed a conspiracy to import cocaine. See United States v. Olano, 507 U.S. 725, 735-36, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). The judgment 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.