IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51087
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TEODORO FLORES-BARRON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-01-CR-309-ALL-WWJ
--------------------
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Teodoro Flores-Barron (“Flores”) appeals his sentence for
illegal reentry into the United States. 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
must verify that the defendant and defendant’s counsel have read
and discussed the presentence report (“PSR”). Flores asserts
*
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that this opinion should not be published and is not precedent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. 01-51087
-2-
that this error requires remand for resentencing without a
showing of specific prejudice. Flores concedes that his argument
is foreclosed by United States v. Esparza-Gonzalez, 268 F.3d 272
(5th Cir. 2001), cert. denied, ___ S.Ct. ___, 2002 WL 549371
(2002), and states that it is raised here solely to preserve the
issue for possible Supreme Court review.
Although the district court in this case may have erred in
not verifying that Flores and his attorney had read and discussed
the PSR, Flores has failed to show that he was prejudiced 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
Esparza-Gonzalez there was no plain error, and his argument that
this case should be remanded for resentencing is foreclosed.
AFFIRMED.