United States v. Rivera

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 10, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50575
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANTONIO CASTRO RIVERA, also known as Ingeniero,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:03-CR-2046-6
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
After trial on other charges and while the jury was still
deliberating, Jose Antonio Castro Rivera (Castro) pleaded guilty
to an information charging him with misprision of a felony, that
is, conspiracy to import cocaine. Castro contends that the
offense requires the concealment of a prior completed felony and
that the factual resume does not show that he took affirmative
steps to conceal such a felony. Our review is for plain error.
See United States v. Calverley, 37 F.3d 160, 162 (5th Cir. 1994)

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No. 05-50575
-2-
(en banc). Based on the trial testimony and Castro’s admissions
during the rearraignment, the district court did not commit clear
or obvious error in determining that Castro had actively
concealed a conspiracy to import cocaine. See United States v.
Olano, 507 U.S. 725, 735-36 (1993). The judgment is AFFIRMED.

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