IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21038
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL CONSTANTINE REYNA-CASTONON,
also known as Rudolfo Garza-Gutierrez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-161-1
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Daniel Constantine Reyna-Castonon (Reyna) appeals his
sentence for illegal reentry into the United States following
deportation after having been convicted of an aggravated felony.
8 U.S.C. §§ 1326(a), (b)(2). He argues that the district court
failed to comply with FED. R. CRIM. P. 32(c)(3)(A) at the
sentencing hearing. Federal Rule of Criminal Procedure
32(c)(3)(A) provides that before imposing sentence, the court
*
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that this opinion should not be published and is not precedent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. 01-21038
-2-
must verify that the defendant and defendant’s counsel have read
and discussed the presentence report (PSR). Reyna argues, for
the purpose of preserving the issue for further review, that the
district court’s FED. R. CRIM. P. 32(c)(3)(A) violation is
reversible, per se, without the need to show prejudice. As Reyna
concedes, this court has rejected the suggestion that it should
treat a FED. R. CRIM. P. 32(c)(3)(A) error “as a structural
defect, requiring automatic reversal.” United States v. Esparza-
Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied, 122
S. Ct. 1547 (2002). One panel of this circuit may not overrule
another panel’s decision. United States v. Taylor, 933 F.2d 307,
313 (5th Cir. 1991).
Although the district court may have erred in not verifying
that Reyna and counsel had read and discussed the PSR, Reyna has
failed to show prejudice. Thus, he has not demonstrated that the
error affected his substantial rights. See Esparza-Gonzalez, 268
F.3d at 273-74.
AFFIRMED.