United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 22, 2005
Charles R. Fulbruge III
Clerk
No. 04-40843
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISIDRO CUVILLOS-HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:03-CR-184-ALL-RAS
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Isidro Cuvillos-Hernandez (“Cuvillos”) appeals the 51-month
sentence imposed by the district court following his guilty-plea
conviction to being illegally found in the United States after
removal. See 8 U.S.C. § 1326. Cuvillos argues, pursuant to
United States v. Booker, 125 S. Ct. 738 (2005), that he is
entitled to resentencing because the district court erred in
sentencing him under a mandatory application of the Sentencing
Guidelines.
*
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this opinion should not be published and is not precedent except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.
No. 04-40843
-2-
Because Cuvillos did not raise an argument regarding the
mandatory application of the Sentencing Guidelines in the
district court, it is reviewed only for plain error. See United
States v. Valenzuela-Quevedo, 407 F.3d 728, 732 (5th Cir. 2005).
“[Cuvillos] has not shown, with a probability sufficient to
undermine confidence in the outcome, that if the judge had
sentenced him under an advisory sentencing regime rather than a
mandatory one, he would have received a lesser sentence.” United
States v. Infante, 404 F.3d 376, 395 (5th Cir. 2005). Because
Cuvillos has not satisfied his burden of establishing plain
error, he is not entitled to relief. See id.
AFFIRMED.