United States v. Julio Arellano-Galeana ( 2020 )

Case: 18-11071 Document: 00515318797 Page: 1 Date Filed: 02/21/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-11071 February 21, 2020
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JULIO CESAR ARELLANO-GALEANA, also known as Julio Arrellano-
Galeana,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:18-CR-20-1
Before SMITH, DENNIS, and DUNCAN, Circuit Judges.
PER CURIAM: *
Julio Cesar Arellano-Galeana appeals his guilty-plea conviction and
sentence for possession with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). He contends for the first time on
appeal that the district court failed to admonish him regarding the applicable
sentencing range, as required by FED. R. CRIM. P. 11(b)(1), thus rendering his
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-11071 Document: 00515318797 Page: 2 Date Filed: 02/21/2020
No. 18-11071
guilty plea unknowing and involuntary. Because Arellano-Galeana failed to
raise this Rule 11 challenge in the district court, we apply a plain-error
standard of review. See United States v. Brown, 328 F.3d 787, 789 (5th Cir.
2003). There is no mandatory minimum penalty applicable to Arellano-
Galeana’s offense of conviction, and the record shows that Arellano-Galeana
understood the maximum possible penalty of 20 years in prison. See
§ 841(a)(1), (b)(1)(C). Further, Arellano-Galeana fails to show that any
purported error affected his substantial rights. See Brown, 328 F.3d at 789.
Accordingly, the judgment of the district court is AFFIRMED.
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