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Appeals from the United States District Court For the Western District of Texas

In unrelated cases, Alfredo Esparza-Gonzalez and Jaime Gustavo Castillo-Tapia 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:*fn1 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,*fn2 Fourth,*fn3 Seventh,*fn4 Ninth,*fn5 and Tenth Circuits*fn6 in holding that the error does not rise to the level of plain error, and affirm the convictions.

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