Mario Alberto Ramirez-Avitua (Ramirez) appeals his sentence for illegal reentry after deportation. Ramirez argues that the Government impermissibly withheld the third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b).

Ramirez contends that based on Amendment 775 to the Sentencing Guidelines, which applies to cases pending on appeal, United States v. Villegas Palacios, 756 F.3d 325, 326 & n. 1 (5th Cir. 2014), the Government should not withhold a motion for the additional one-level reduction merely because a defendant does not agree to waive his right to appeal. See United States v. Garda-Carrillo, 749 F.3d 376, 377 (5th Cir.), cert. denied, — U.S. -, 135 S.Ct. 676, 190 L.Ed.2d 393 (2014). Because Ramirez did not raise this argument in the district court, our review is for plain error. See United States v. Morales-Rodriguez, 788 F.3d 441, 443 & n. 3 (5th Cir. 2015).

There is no evidence in the record regarding the Government’s reason for not moving for the third-level reduction. Thus, Ramirez cannot establish clear or obvious error in connection with the Government’s decision not to so move. See id. at 443-44.

The district court’s judgment is AFFIRMED.