United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40273
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ENRIQUE TREJO-BARRIENTOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-651-1
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Juan Enrique Trejo-Barrientos pleaded guilty to illegal
reentry after deportation and was sentenced to 21 months’
imprisonment and one year supervised release. He argues that the
district court erred in considering his prior, uncounseled
misdemeanor convictions for illegal reentry in assessing his
criminal history points. Trejo-Barrientos avers that the waivers
of right to counsel during his guilty-plea proceedings were
*
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that this opinion should not be published and is not precedent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. 03-40273
-2-
invalid because (1) the district court failed to admonish him
regarding the dangers and disadvantages of self-representation;
(2) the record failed to show that he had independent knowledge
of those dangers and disadvantages; and (3) the court failed to
inquire into his age, education, and experience.
Assuming arguendo that Trejo-Barrientos had a Sixth
Amendment right to counsel, we hold that he validly waived his
right to counsel at his 1997 and 1998 plea hearings for the same
reasons as those stated in our opinions in United States
v. Garcia-Hernandez, No. 03-10451 (5th Cir. Sept. 9, 2003)
(unpublished) and United States v. Campos-Belasquez, No. 02-41703
(5th Cir. Oct. 31, 2003)(unpublished). Thus, the district court
did not err in using his prior uncounseled misdemeanor
convictions for illegal reentry in assessing his criminal history
points.
AFFIRMED.