United States v. Gonzalez-Cisneros , 146 F. App'x 754 ( 2005 )


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  •                                                                                            United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    October 24, 2005
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 04-40942
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-
    Appellee,
    versus
    WELLINGTON ROELI GONZALEZ-CISNEROS,
    Defendant-
    Appellant.
    -----------------------------------------------------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 1:04-CR-148-ALL
    -----------------------------------------------------------------
    Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Wellington Roeli Gonzalez-Cisneros appeals the sentence imposed following his guilty plea
    to illegal reentry. He argues for the first time on appeal that he is entitled to resentencing because
    he was sentenced under the mandatory Guideline regime held unconstitutional in United States v.
    *
    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 R. 47.5, the court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
    Booker, 
    125 S. Ct. 738
    (2005). We review this argument for plain error only. United States v.
    Martinez-Lugo, 
    411 F.3d 597
    , 600-01 (5th Cir. 2005).
    Our review of the record does not reveal that the district court’s error affected the outcome
    of the sentencing proceedings. See United States v. Valenzuela-Quevedo, 
    407 F.3d 728
    , 732-33 (5th
    Cir. 2005). Gonzalez has therefore failed to establish that the error affected his substantial rights, and
    he consequently cannot meet the plain error standard of review. 
    Id. Given that
    Gonzalez is not
    entitled to resentencing, we pretermit discussion of the validity of his appeal waiver.
    AFFIRMED.
    -2-
    

Document Info

Docket Number: 04-40942

Citation Numbers: 146 F. App'x 754

Judges: Barksdale, Clement, Per Curiam, Stewart

Filed Date: 10/25/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023