United States v. Rivera

UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 98-20101 UNITED STATES OF AMERICA, Plaintiff-Appellee VERSUS AUGUSTIN RIVERA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas (H-95-CR-314-15) February 11, 1999 Before GARWOOD, DAVIS and DeMOSS, Circuit Judges. PER CURIAM:* After reviewing the record, the briefs of the parties and argument of counsel, we conclude that the district court did not commit reversible error. Appellant’s sentence, which the government has not appealed, is, and was imposed on a basis, entirely consistent with the district court’s Rule 11 advice, and the understatement therein of the minimum sentence, as well as the other complained of matter, was not prejudicial. 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.