Full text
United States v. Villareal-Gonzalez
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-20595 Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee, versus
FRANCISCO VILLAREAL-GONZALEZ, also known as Francisco Gonzalez- Vasquez,
Defendant-Appellant.
- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-74-1 - - - - - - - - - -
June 17, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:*
Francisco Villareal-Gonzalez (Villareal) appeals from his guilty-plea conviction for illegal reentry of a deported alien, 8 U.S.C. § 1326. Villareal contends that the district court erred by failing to comply with Fed. R. Crim. P. 11(d) during rearraignment and that the failure requires that his conviction and sentence be vacated. We have reviewed the record and the briefs of the parties, and we hold that the district court’s
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-20595 -2-
error in failing to inquire specifically whether Villareal’s plea was the result of force or threats was harmless, particularly in light of the remainder of the Rule 11 colloquy. See United States v. Johnson, 1 F.3d 299, 301-03 (5th Cir. 1993)(en banc).