United States v. Ramirez

                   UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT

                  ________________________________

                            No. 95-30382
                  ________________________________

                       UNITED STATES OF AMERICA,

                                                    Plaintiff-Appellee,

                                versus

                          FRANCISCO RAMIREZ,

                                                   Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
               for the Eastern District of Louisiana
                           (CR-94-194-M)
_________________________________________________________________

                          April 4, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

     Francisco Ramirez, who pleaded guilty to one count of money

laundering, contends that his sentence was the result of sentencing

manipulation or entrapment, that the district court erred by

sentencing him based upon the completed, rather than attempted,

offense   of   money   laundering,   and   that   his   guilty   plea   was

involuntary.




     *
          Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
     Because Ramirez was informed, inter alia, of the maximum

possible penalty, he was aware of the consequences of pleading

guilty.   See United States v. Guerra, 94 F.3d 989 (5th Cir. 1996).

His claim that he was unable to understand the proceedings is

refuted by the following:     he averred that he fully understood the

proceedings; that he understood the maximum possible penalty; and

that he had understood the interpreter who was present during his

meetings with his attorney.

     Among other factors, Ramirez initiated the transaction and

chose not to withdraw when given the opportunity; therefore, the

district court   did    not   err    by   rejecting    Ramirez’s   claims   of

sentencing manipulation or entrapment.                See United States v.

Tremelling, 43 F.3d 148, 151 (5th Cir.) cert. denied, 115 S.Ct.

1990 (1995).

     Ramirez’s claims that he never received the funds to be

laundered and had not made arrangements for laundering the money

are refuted by the record.          For these, among other reasons, the

district court did not err by sentencing Ramirez based upon the

completed offense.     See United States v. Richardson, 925 F.2d 112,

116 (5th Cir. 1991).

     For the foregoing reasons, the judgment is

                                                            AFFIRMED.