United States v. Edwardo Rodriguez ( 2016 )

Case: 15-50491 Document: 00513490884 Page: 1 Date Filed: 05/03/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-50491 FILED
Summary Calendar May 3, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDWARDO SALVADOR RODRIGUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:14-CR-731-1
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Edwardo Salvador Rodriguez pleaded guilty to conspiracy to possess
with intent to distribute 500 grams or more of methamphetamine, and the
district court sentenced him to 250 months of imprisonment and a $5,000 fine.
Rodriguez argues that the district court erred by failing to verify at the
sentencing hearing that he had read the presentence report, as required by
Federal Rule of Criminal Procedure 32(i)(1)(A).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-50491 Document: 00513490884 Page: 2 Date Filed: 05/03/2016
No. 15-50491
Because Rodriguez did not object in the district court, we review his
claim for plain error. United States v. Esparza-Gonzales, 268 F.3d 272, 274
(5th Cir. 2001). To show plain error, Rodriguez must show a forfeited error
that is clear or obvious and that affects his substantial rights. Puckett v.
United States, 556 U.S. 129, 135 (2009). As Rodriguez acknowledges, he cannot
show plain error. See Esparza-Gonzalez, 268 F.3d at 274.
AFFIRMED.
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