UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-40407
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUADALUPE MARCO VILLARREAL-FUENTES,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-98-CR-13-1
February 25, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Guadalupe Marco Villarreal-Fuentes maintains that the record
does not adequately reflect whether he knowingly and voluntarily
pleaded guilty, because the district court failed to obtain
personal responses to its questions during the Federal Rule of
Criminal Procedure 11 proceeding involving other defendants as
well; and that the court erred in relying on the presentence report
(PSR) to enhance his offense level pursuant to U.S.S.G. §
2L1.2(b)(1)(A) (prior “aggravated felony” conviction). Pursuant to
*
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this opinion should not be published and is not precedent except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.
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our review of the record, including the transcripts of the
rearraignment and sentencing hearings, the PSR, and the briefs of
the parties, we AFFIRM Villarreal’s conviction and sentence.
First, Villarreal has not identified a variance from Rule 11
that affected his substantial rights. Therefore, for this often
raised challenge by other defendants, he has not demonstrated that
his guilty plea was not voluntarily and knowingly entered. See
United States v. Johnson, 1 F.3d 296, 298 (5th Cir. 1993)(en banc).
Second, there was reliable information in the PSR
demonstrating that Villarreal has a prior aggravated felony
conviction. (This point is raised to preserve possible review by
the Supreme Court.) Because he made no attempt to rebut this
information, the district court was authorized to rely on it as a
basis for the 16-level enhancement. See United States v. Clark,
139 F.3d 485, 490 (5th Cir.), cert. denied, 119 S. Ct. 227 (1998).
AFFIRMED
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