U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Hector Ramirez-Quintanilla

United States v. Hector Ramirez-Quintanilla
U.S. Court of Appeals for the Fifth Circuit · Decided November 8, 2016 · King, Dennis, Costa
670 F. App'x 304

United States v. Hector Ramirez-Quintanilla

Opinion

PER CURIAM: *

Hector Ramirez-Quintanilla appeals the 46-month within-guidelines sentence imposed in connection with his conviction for illegal reentry after deportation. Ramirez-Quintanilla argues that his case should be remanded for resentencing in light of pro *305 posed amendments to the Sentencing Guidelines applicable to illegal reentry offenses. He did not request that the district court consider the amendments when imposing the sentence; thus, we review for plain error. See Puckett v. United States, 556 U.S. 129, 134-35, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009).

The district court correctly applied the version of the Sentencing Guidelines in effect at the time of sentencing. See United States v. Rodarte-Vasquez, 488 F.3d 316, 322 (5th Cir. 2007). The district court did not plainly err by failing to consider not yet proposed amendments to' the Guidelines. Ramirez-Quintanilla is not entitled to a remand for resentencing in light of the amendments. See United States v. Posada-Rios, 158 F.3d 832, 880 (5th Cir. 1998).

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *305 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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