United States v. Esparza-Gonzalez, 268 F.3d 272 (5th Cir. 2001). · Go Syfert
United States v. Esparza-Gonzalez, 268 F.3d 272 (5th Cir. 2001). Cases Citing This Book View Copy Cite
131 citation events (127 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Lezama-Ramirez (ca5, 2026-04-20)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (rule) United States v. Lezama-Ramirez (3×)
5th Cir. · 2026 · confidence medium
And “[w]e have declined to interpret Rule 32 as creating an absolute requirement that the district court ‘specifically . . . ask a defendant whether he has read the [PSR].’” United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001) (quoting United States v. Victoria, 877 F.3d 338 , 340 (5th Cir. 1989)).
discussed Cited as authority (rule) United States v. Villafana-Mondragon (2×) also: Cited "see"
5th Cir. · 2026 · confidence medium
The record shows that Rule 32’s verification requirement was satisfied. 3 When evaluating the claim that a sentencing court failed to comply with Rule 32(i)(1)(A), “we ‘draw reasonable inferences from court documents, the defendant’s statements, and counsel’s statements’ to determine whether the defendant has been given an opportunity to read the PSR with his counsel.” United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001) (quoting United States v. Victoria, 877 F.2d 338, 340 (5th Cir. 1989)).
discussed Cited as authority (rule) United States v. Sealed
5th Cir. · 2025 · confidence medium
To do otherwise would risk (in other cases) a remand that would be “an exercise in futility in order to obtain the same sentence.” United States v. Martinez-Rivera, No. 24-20031, 2025 WL 985711 , at *3 (5th Cir. Apr. 2, 2025) (quoting United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001)). 6 Case: 24-30570 Document: 77-1 Page: 7 Date Filed: 07/14/2025 No. 24-30570 * * * Even assuming the district court applied the incorrect Guidelines range, Appellant’s substantial rights were not affected.
examined Cited as authority (rule) United States v. Martinez-Rivera (3×) also: Cited "see"
5th Cir. · 2025 · confidence medium
See id. 4 Case: 24-20031 Document: 82-1 Page: 5 Date Filed: 04/02/2025 No. 24-20031 Martinez-Rivera has not “alleged prejudice as a result of the district court’s failure to conduct the Rule 32 inquiry.” Esparza-Gonzalez, 268 F.3d at 274 (cleaned up).
cited Cited as authority (rule) United States v. Duruisseau
5th Cir. · 2021 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001) (citing FED.
cited Cited as authority (rule) United States v. Mario Yax
5th Cir. · 2020 · confidence medium
See United States v. Reyna, 358 F.3d 344 , 349- 50 (5th Cir. 2004) (en banc); United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir. 2001).
discussed Cited as authority (rule) United States v. Edgar Becerra-Sandoval (2×) also: Cited "see, e.g."
5th Cir. · 2020 · confidence medium
Becerra-Sandoval has not provided any controlling authority showing that differing responses from the defendant and defense counsel regarding review of the PSR require the district court to sua sponte recess the sentencing hearing to allow the defendant to review the PSR, rather than making a credibility determination. 1 Cf. United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001) (declining to “interpret Rule 32 as creating an absolute requirement that the district court specifically ask a defendant whether he has 1 Nevertheless, we note that when confronted with conflicting res…
cited Cited as authority (rule) United States v. Jeffrey Brown
5th Cir. · 2019 · confidence medium
See United States v. Reyna, 358 F.3d 344, 349-50 (5th Cir. 2004) (en banc); United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited as authority (rule) United States v. Tony Tshiansi
5th Cir. · 2018 · confidence medium
See Puckett, 556 U.S. at 135 ; United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
discussed Cited as authority (rule) Mound v. United States
D.S.D. · 2017 · confidence medium
Appx. 560, 568 (6th Cir. 2012) (assuming petitioner’s claim that he did not review presentence report to be true, he could not prevail on ineffective assistance claim absent a showing that he was prejudiced by any incorrect information which the judge relied in sentencing); United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001) (regarding FED.
discussed Cited as authority (rule) United States v. Edwardo Rodriguez (2×) also: Cited "see"
5th Cir. · 2016 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
cited Cited as authority (rule) United States v. Esneider Hidrobo
5th Cir. · 2012 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
cited Cited as authority (rule) United States v. Lusiano Jasso
5th Cir. · 2012 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
cited Cited as authority (rule) United States v. Anthony Sanchez
5th Cir. · 2011 · confidence medium
See, e.g., United States v. Reyna, 358 F.3d 344, 347-50 (5th Cir.2004); United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Pedro Garcia-Palacios (2×) also: Cited "see"
5th Cir. · 2010 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001) (applying the plain error standard of review after rejecting the defendant’s argument that failing to confirm that the defendant read and discussed the PSR with defense counsel was a structural defect, requiring automatic reversal).
cited Cited as authority (rule) United States v. Johnson
5th Cir. · 2009 · confidence medium
See Puckett v. United States, — U.S. —, —, 129 S.Ct. 1423, 1429 , 173 L.Ed.2d 266 (2009); United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
cited Cited as authority (rule) United States v. Simon
5th Cir. · 2009 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Soltero (2×)
9th Cir. · 2007 · confidence medium
United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Soltero
9th Cir. · 2007 · confidence medium
United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir. 2001). [3] Additionally, although Soltero’s attorney objected to portions of the PSR (and at least some of these objections were likely based on discussions with Soltero), counsel’s objections do not confirm that Soltero read the entire PSR and had a chance to point out any factual errors.
cited Cited as authority (rule) United States v. Telas
5th Cir. · 2007 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Soltero (2×)
9th Cir. · 2007 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Soltero
9th Cir. · 2007 · confidence medium
United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir. 2001). 3 Prior to December 1, 2002, the verification requirement was referenced in Rule 32(c)(3)(A) and, before December 1, 1994, in Rule 32(a)(1)(A).
cited Cited as authority (rule) United States v. Montano-Barrera
5th Cir. · 2007 · confidence medium
As Montano concedes, his challenge is foreclosed by United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir.2001).
discussed Cited as authority (rule) United States v. Castro-Sanchez
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Cesar Omar Castro-Sanchez raises arguments that are foreclosed by United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir.2001), which held that the district court’s failure to verify that the defendant and his counsel had read and discussed the presentence report did not require an automatic reversal.
discussed Cited as authority (rule) United States v. Avila-Rodriguez
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Pedro Avila-Rodriguez raises argu *32 ments that are foreclosed by United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir.2001), which held that a defendant must allege prejudice resulting from the district court’s failure to ask the defendant directly whether the defendant has read and discussed the presentence report with counsel.
cited Cited as authority (rule) United States v. Pistole
5th Cir. · 2003 · confidence medium
P. 32(c)(3)(A); United States v. Esparza-Gonzales, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 * Pursuant to 5TH CIR.
cited Cited as authority (rule) United States v. Santillan-Villa
5th Cir. · 2003 · confidence medium
No. 02-40975 -2- Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 535 U.S. 991 (2002).
discussed Cited as authority (rule) United States v. Reyes-Olvera (2×) also: Cited "see"
5th Cir. · 2003 · confidence medium
He concedes, however, that this argument is foreclosed by our opinion in United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), and he admits that he raises it only to preserve the issue for Supreme Court review.
discussed Cited as authority (rule) United States v. Reyes-Olvera (2×) also: Cited "see"
5th Cir. · 2003 · confidence medium
He concedes, however, that this argument is foreclosed by our opinion in United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), and he admits that he raises it only to preserve the issue for Supreme Court review.
cited Cited as authority (rule) United States v. Martinez
5th Cir. · 2003 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002).
discussed Cited as authority (rule) United States v. Gonzalez-Rojas (2×) also: Cited "see"
5th Cir. · 2002 · confidence medium
No. 02-20535 -2- As Gonzalez acknowledges, in United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), this court rejected the suggestion that it should treat a Rule 32(c)(3)(A) error “as a structural defect, requiring automatic reversal,” and held that where an issue of noncompliance with Rule 32 was not raised in the district court, this court could “correct the error only if the error was plain and affected the applicants’ substantial rights.” Esparza- Gonzalez, 268 F.3d at 273-74 .
discussed Cited as authority (rule) United States v. Acevedo-Hernandez (2×) also: Cited "see"
5th Cir. · 2002 · confidence medium
As Acevedo acknowledges, in United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), this court rejected the suggestion that it should treat a Rule 32(c)(3)(A) error “as a structural defect, requiring automatic reversal,” and held that where an issue of noncompliance with Rule 32 was not raised in the district court, this court could “correct the error only if the error was plain and affected the applicants’ substantial rights.” Esparza- Gonzalez, 268 F.3d at 273-74 .
discussed Cited as authority (rule) United States v. Vasquez
5th Cir. · 2002 · confidence medium
Vasquez concedes, however, that this argument is foreclosed by our opinion in United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), and he admits that he raises the argument only to preserve the issue for Supreme Court review.
cited Cited as authority (rule) United States v. Mejia-Diaz
5th Cir. · 2002 · confidence medium
No. 01-21266 -2- plain and affected [Mejia’s] substantial rights.” United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002).
cited Cited as authority (rule) United States v. Ramirez-Castillo
5th Cir. · 2002 · confidence medium
Under United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002), there was no plain error.
discussed Cited as authority (rule) United States v. Jasso-Elizondo
5th Cir. · 2002 · confidence medium
No. 01-21189 -2- court, this court could “correct the error only if the error was plain and affected [Jasso’s] substantial rights.” See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002).
cited Cited as authority (rule) United States v. Barrientos-Rodriguez
5th Cir. · 2002 · confidence medium
United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited as authority (rule) United States v. Barcenas-Angelina
5th Cir. · 2001 · confidence medium
No. 01-50298 c/w No. 01-50306 -2- United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited as authority (rule) United States v. Barcenas-Angelina
5th Cir. · 2001 · confidence medium
No. 01-50298 c/w No. 01-50306 -2- United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited as authority (rule) United States v. Hernandez-Castorena
5th Cir. · 2001 · confidence medium
No. 01-50355 -2- See United States v. Esparza-Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001); see also United States v. Olano, 507 U.S. 725, 732-34 (1993).
cited Cited as authority (rule) UNITED STATES OF AMERICA v. SAMUEL JAIMES POMPA, also known as Ekiziel Cardenas, also known as Efren Moreno, also known as Samuel Pompa Jaimes
unknown court · confidence medium
P. 32(C)(3)(A). 2 United States v. Henry, 288 F.3d 657, 664 (5th Cir. 2002). 3 United States v. Esparaza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2002). 4 Id.
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. DANIEL CONSTANTINE REYNA-CASTONON, also known as Rudolfo Garza-Gutierrez (2×) also: Cited "see"
unknown court · confidence medium
P. 32(c)(3)(A) error “as a structural defect, requiring automatic reversal.” United States v. Esparza- Gonzalez, 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied, 122 S. Ct. 1547 (2002).
examined Cited "see" United States v. Lezama-Ramirez (3×)
5th Cir. · 2025 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001); United States v. Duruisseau, No. 20-30649, 2021 WL 5778463 , at *3 (5th Cir. Dec. 6, 2021).
cited Cited "see" United States v. Gonzales
5th Cir. · 2023 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
examined Cited "see" United States v. Trevino (3×)
5th Cir. · 2022 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited "see" United States v. Lott
5th Cir. · 2021 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited "see" United States v. Bryan Montoya-Rosado
5th Cir. · 2020 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited "see" United States v. Jose Ambriz
5th Cir. · 2019 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited "see" United States v. Alexander Jimenez, III
5th Cir. · 2017 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir. 2001).
cited Cited "see" United States v. Jose Ramon
5th Cir. · 2015 · signal: see · confidence high
See United States v. Esparza-Gonzalez, 268 F.3d 272, 274 (5th Cir.2001).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfredo ESPARZA-GONZALEZ, Also Known as Juan Valdez, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Jaime Gustavo Castillo-Tapia, Also Known as Victor Manuel Ochoa, Defendant-Appellant
01-50213, 01-50262.
Court of Appeals for the Fifth Circuit.
Sep 26, 2001.
268 F.3d 272
2001 WL 1135317
Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee., Donna F. Coltharp, San Antonio, TX, for Defendant-Appellant.
Jones, Smith, Garza.
Cited by 86 opinions  |  Published
EMILIO M. GARZA, Circuit Judge:

In unrelated cases, Alfredo Esparza-Gonzalez and Jaime Gustavo Castillo-Ta-pia pleaded guilty to being aliens found in the United States subsequent to deportation. The cases have been consolidated on appeal, and present a single issue of first impression in this circuit: [1] whether the district court erred by failing to verify that the applicants had read and discussed their presentencing reports (PSR) with their respective defense attorneys as required by Fed.R.Crim.P. 32(c)(3)(A), and, if so, whether the error affected the applicants’ substantial rights. We agree with Esparza and Castillo that the -district court erred by failing to comply with Rule 32(c)(3)(A). Because the applicants have not alleged or identified prejudice resulting from the district court’s error, however, we join the Third, [2] Fourth, [3] Seventh, [4] Ninth, [5] and Tenth Circuits [6] in holding that the error does not rise to the level of plain error, and affirm the convictions.

[*274] As an initial matter, we must address the government’s contention that the district court did in fact comply with the requirements of Rule 32(c)(3)(A). The Rule provides that before imposing a sentence, the district court must “verify that the defendant and defendant’s counsel have read and discussed the presentence report.” Fed.R.Crim.P. 32(c)(3)(A). We have declined to interpret Rule 32 as creating an absolute requirement that the district court “specifically ... ask a defendant whether he has read the PSIR.” See United States v. Victoria, 877 F.2d 338, 340 (5th Cir.1989). Instead, we “draw reasonable inferences from court documents, the defendant’s statements, and counsel’s statements” to determine whether the defendant has been given an opportunity to read the PSR with his counsel. Id. But see United States v. Rone, 743 F.2d 1169, 1174 (7th Cir.1984) (holding that Rule 32 imposes an affirmative duty on the district court to ask the defendant directly whether he has read and discussed the PSR with his counsel).

We disagree with the government that the record supports an implied finding by the district court that Esparza and Castillo had reviewed and discussed their PSRs with defense counsel. The record indicates that (1) both defendants were advised that the probation office was going to prepare a presentence report; (2) both defendants were advised that defense counsel would have the opportunity to review the report with them; and (3) neither defendant informed the court that he had not had the opportunity to review the PSR when given the opportunity to speak at the sentencing hearings. The record is clearly adequate to support the inference that defense counsel had the opportunity to review the PSR, but none of these facts justifies that same inference with regard to Esparza and Castillo. Cf. Victoria, 877 F.2d at 340 (concluding that the requirements of Rule 32(c)(3)(A) were met when the defendant acknowledged in writing at his sentencing that he had examined the PSR).

Accordingly, the district court erred by failing to confirm that Esparza and Castillo had read and discussed their PSRs with defense counsel. As neither applicant raised the issue of noncompliance with Rule 32 in the district court, however, we correct the error only if the error was plain and affected the applicants’ substantial rights. See United States v. Olano, 507 U.S. 725, 732-34, 113 S.Ct. 1770, 1777-1778, 123 L.Ed.2d 508 (1993) (articulating the plain error standard of review); United States v. Vasquez, 216 F.3d 456, 458-59 (5th Cir.2000) (reviewing for plain error the district court’s failure to comply with Rule 32(c)(3)(B), the rule affording defense counsel the opportunity to speak at sentencing on the defendant’s behalf). We reject Esparza’s and Castillo’s suggestion that we treat the Rule 32 error as a structural defect, requiring automatic reversal. Neither applicant has alleged prejudice as a result of the district court’s failure to conduct the Rule 32(c)(3)(A) inquiry, and indeed, neither asserts that he did not read and discuss his PSR with defense counsel. In the words of the Tenth Circuit, remanding where no prejudice exists would “require the district court to undergo an exercise in futility in order to obtain the same sentence.” Rangel-Arreola, 991 F.2d at 1526. Esparza and Castillo have not met their burden of persuasion that the district court’s error was prejudicial and, consequently, have not demonstrated plain error. See Olano, 507 U.S. at 732-34, 113 S.Ct. at 1777-1778.

AFFIRMED.

1

. We have considered the issue on several occasions in unpublished opinions, each time holding that the Rule 32(c)(3)(A) variance did not rise to the level of plain error. See United States v. Hernandez-Castanon, No. 00-50321, 240 F.3d 1074 (Dec. 1, 2000) (table decision); United States v. Hernandez-Rodriguez, No. 00-50292, 240 F.3d 1074 (Dec. 1, 2000) (table decision); United States v. Reyes-Aguilar, No. 99-51113, 235 F.3d 1341 (Oct. 18, 2000) (table decision).

2

. United States v. Stevens, 223 F.3d 239, 246 (3d. Cir.2000).

3

. United States v. Lockhart, 58 F.3d 86, 89 (4th Cir.1995).

4

. United States v. Rodriguez-Luna, 937 F.2d 1208, 1213 (7th Cir.1991).

5

. United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir.1994).

6

. United States v. Rangel-Arreola, 991 F.2d 1519, 1526 (10th Cir.1993). The only other circuit to consider the issue, the Sixth Circuit, has recently held that a district court's failure to comply with Rule 32(c)(3)(A) requires re-sentencing, regardless of whether the defendant can demonstrate actual prejudice from the error. See United States v. Mitchell, 243 F.3d 953, 955 (6th Cir.2001); hut see United States v. Stevens, 851 F.2d 140, 143-44 (6th Cir.1988) (declining to correct a Rule 32(c)(3)(A) error because the record suggested that the district court did not rely on the allegedly false information in the PSR — i.e., there was no prejudice).