Document Info

DocketNumber: 05-21033

Judges: Demoss, Stewart, Prado

Filed Date: 2/7/2007

Status: Non-Precedential

Modified Date: 11/5/2024

  •                                                        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    this opinion should not be published and is not precedent except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.