IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21189
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDUARDO JASSO-ELIZONDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-319-ALL
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Eduardo Jasso-Elizondo argues that the district court
plainly erred in failing to verify that he had read and discussed
the presentence report (PSR) with his counsel as required by FED.
R. CRIM. P. 32(c)(3)(A). A review of the sentencing hearing
transcript reflects that the district court did not ascertain
whether Jasso had read and reviewed the PSR with counsel.
Because Jasso did not object to the omission in the district
*
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that this opinion should not be published and is not precedent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. 01-21189
-2-
court, this court could “correct the error only if the error was
plain and affected [Jasso’s] substantial rights.” See United
States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001),
cert. denied, 122 S. Ct. 1547 (2002).
Although FED. R. CRIM. P. 32 has not been interpreted as
creating an absolute requirement that the district court
specifically ask a defendant whether he has read the PSR, see
id., the record does not raise a reasonable inference that Jasso
personally reviewed the report and discussed it with his counsel.
However, Jasso has not shown that the error affected his
substantial rights. Jasso has not argued that he did not read
and review the PSR. Nor has he demonstrated the existence of
factual inaccuracies in the PSR that, if successfully challenged,
would have resulted in his receiving a lesser sentence. Because
Jasso has not demonstrated that he was prejudiced by the district
court’s failure to strictly comply with FED. R. CRIM. P. 32, he
has failed to demonstrate plain error. See id. The sentence
imposed is AFFIRMED.
United States v. Jasso-Elizondo
Combined Opinion