IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20590
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS CECENO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-779-ALL
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesus Ceceno appeals his sentence for possession with intent
to distribute 500 grams or more of cocaine. He argues that the
district court failed to comply with Fed. R. Crim. P. 32(c)(3)(A)
at the sentencing hearing. Rule 32(c)(3)(A) provides that before
imposing sentence, the court must verify that the defendant and
defendant’s counsel have read and discussed the PSR. Ceceno
concedes that his argument is foreclosed by this court’s
precedent and states that it is raised here solely for issue
preservation purposes.
*
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this opinion should not be published and is not precedent except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. 01-20590
-2-
Although the district court in this case may have erred in
not verifying that Ceceno and his attorney had read and discussed
the PSR, Ceceno does not allege prejudice, or, that he did not
read the PSR and discuss it with his attorney. Nor did he raise
this issue at the sentencing hearing. Under United States v.
Esparza-Gonzalez, 268 F.3d 272 (5th Cir. 2001), there was no
plain error.
AFFIRMED.