IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51140
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HOMOGONIO RIOS-FUENTES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-98-CR-252-ALL
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November 2, 1999
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Homogonio Rios-Fuentes appeals his guilty plea conviction
for intentionally distributing morphine, in violation of 21
U.S.C. § 841(a)(1). Specifically, Rios-Fuentes argues that the
district court erred by failing to state at his rearraignment
that: 1) the court had a duty to consider applicable sentencing
guidelines; 2) the court could depart from those guidelines in
certain circumstances; 3) Rios-Fuentes’ statements under oath
could form the basis of a perjury prosecution; and 4) Rios-
Fuentes had a Fifth Amendment right not to testify. Rios-Fuentes
*
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that this opinion should not be published and is not precedent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. 98-51140
-2-
also argues that the court erred by not inquiring into the
factual basis for his plea. Rios-Fuentes argues that these
omissions affected his substantial rights and rendered his guilty
plea invalid.
We have reviewed the record and the briefs submitted by the
parties and find that the errors committed by the district court
in its Fed. R. Crim. P. 11 colloquy were harmless. See United
States v. Johnson, 1 F.3d 296, 298 (5th Cir. 1993) (en banc);
United States v. Bachynsky, 949 F.2d 722, 726 (5th Cir. 1991).
AFFIRMED.