United States v. Machado-Carrizales ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40509
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MANUEL MACHADO-CARRIZALES,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
UDC No. L-96-CR-135-1
- - - - - - - - - -
April 02, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Juan Manuel Machado-Carrizales appeal his guilty-plea
conviction to possession with intent to distribute approximately
377 pounds of marihuana and carrying a firearm during and in
relation to a drug-trafficking crime. He contends that the
district court failed to give him an opportunity to plead not
guilty pursuant to Fed. R. Crim. P. 11(e)(4) when it was unlikely
that the district court would follow the sentencing
recommendation in the plea agreement.
*
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that this opinion should not be published and is not precedent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. 97-40509
-2-
The precepts of Rule 11(e)(4) do not apply to Machado-
Carrizales’ plea agreement, which was entered into pursuant to
Rule 11(e)(1)(B). United States v. Babineau, 795 F.2d 518, 520
(5th Cir. 1986). This issue is without any arguable merit. The
appeal is frivolous and is DISMISSED as such. See 5th Cir. R.
42.2.
APPEAL DISMISSED.