United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 7, 2007
Charles R. Fulbruge III
Clerk
No. 05-21033
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN FERNANDO LICEA-CEDILLO, also known as Cacahuate,
also known as Alvaro Galicia Castro,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-275-1
--------------------
Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Juan Fernando Licea-Cedillo (Licea) appeals his guilty-plea
conviction for conspiracy to transport and harbor undocumented
aliens for financial gain, resulting in death. Licea argues that
the Government breached the plea agreement by failing to move for
a reduction based on his acceptance of responsibility.
Because Licea did not raise this argument in the district
court, review is for plain error. See United States v. Reeves,
255 F.3d 208, 210 (5th Cir. 2001). Even if the Government
*
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this opinion should not be published and is not precedent except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. 05-21033
-2-
breached the plea agreement, Licea has not demonstrated that any
error affected his substantial rights. See United States v.
Miller, 406 F.3d 323, 335-36 (5th Cir.), cert. denied, 126 S. Ct.
207 (2005). The district court clearly and repeatedly rejected
Licea’s denial that he oversaw the placement of the aliens into
the grain car, as well as his argument that he was not, as part
of the conspiracy, responsible for the actions which led to the
deaths of eleven aliens.
Accordingly, the judgment is AFFIRMED.