IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-21142
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS CORTEZ LERMA, also known
as Juan Vallejo Restrepo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-352-1
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August 24, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Luis Cortez Lerma, also known as Juan Vallejo Restrepo,
appeals his guilty-plea conviction of aiding and abetting with
the intent to possess cocaine and aiding and abetting the
importation of cocaine in violation of 18 U.S.C. § 2; 21 U.S.C.
§ 841, 21 U.S.C. § 952(a), and 21 U.S.C. § 960(b)(1)(B). Lerma
argues that the district court erred by not adequately advising
him of the nature of the charges against him as required by FED.
*
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that this opinion should not be published and is not precedent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. 99-21142
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R. CRIM. P. 11, and that it erred in accepting his guilty plea
because there was evidence that his criminal conduct was coerced.
Lerma admits that his guilty plea was made voluntarily. To
the extent that he challenges the “knowing” nature of his plea
because the court did not question him regarding the defense of
duress, this contention is without merit. Because Lerma admits
the voluntariness of his plea and does not argue that he would
have pleaded differently had he been informed of the duress
defense, he cannot challenge any error the district court may
have committed in accepting the plea, and he has waived his right
to raise any defenses to the charges. See Rule 11(h); United
States v. Sarmiento, 786 F.2d 665, 668 (5th Cir. 1986).
Therefore, this appeal is frivolous, and it is DISMISSED.
5th Cir. R. 42.2.