IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50273
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS LUIS MARTINEZ-MARTINEZ, also known
as Luis Olivares-Provincini, also known
as Francisco Javier Vera-Soto,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CR-189-1
- - - - - - - - - -
February 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Carlos Luis Martinez-Martinez (Martinez) appeals from his
guilty-plea conviction for illegal reentry into the United States
after deportation, 8 U.S.C. § 1326. Martinez argues that his
guilty plea must be vacated because of his assertions that the
district court misstated the charge against him at his guilty-
plea hearing, violating Fed. R. Crim. P. 11(c), and that the
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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.
No. 98-50273
-2-
factual basis offered in support of the plea failed to
substantiate the elements of the offense charged in the
information, violating Rule 11(f). We have reviewed the record
and the briefs of the parties, and we hold that the district
court did not commit error under Rule 11(f) and that any error
committed by the district court under Rule 11(c) was harmless.
See United States v. Adams, 961 F.2d 505, 510 (5th Cir. 1992).
AFFIRMED.