United States v. Castro-Alcala ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41427
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NICANDRO CASTRO-ALCALA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 98-CR-424-1
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August 27, 1999
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Nicandro Castro-Alcala (“Castro”) challenges his guilty-plea
conviction for illegal reentry of a deported alien, 8 U.S.C.
§ 1326. Castro contends that the district court erred by failing
to comply with Fed. R. Crim. P. 11(c)(1) during rearraignment and
that the failure requires that his conviction be reversed.
This appeal is frivolous. In reviewing whether the district
court complied with the dictates of Rule 11, this court
“conduct[s] a straightforward, two-question `harmless error’
*
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that this opinion should not be published and is not precedent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. 98-41427
-2-
analysis: (1) Did the sentencing court in fact vary from the
procedures required by Rule 11, and (2) if so, did such variance
affect substantial rights of the defendant?” United States v.
Johnson, 1 F.3d 296, 298 (5th Cir. 1993) (en banc). Although he
acknowledges his argument is subject to harmless-error review,
counsel makes no argument that Castro’s substantial rights were
affected; accordingly, there is no reversible error. See id.The appeal is without arguable merit and is therefore
frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983);
5th Cir. R. 42.2. Accordingly, it is DISMISSED.