United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 12, 2005
Charles R. Fulbruge III
Clerk
No. 04-40073
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAURO GUZMAN-ARROYO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:03-CR-1195-ALL
--------------------
Before BENAVIDES DENNIS and OWEN, Circuit Judges
PER CURIAM:*
Mauro Guzman-Arroyo appeals from his guilty-plea conviction
for illegal reentry of a deported alien. For the first time on
appeal, he argues that his sentence should be vacated and the case
remanded for resentencing in light of United States v. Booker, 125
S. Ct. 738 (2005). He does not allege that a Sixth Amendment
violation occurred but, instead, asserts that the district court
would have imposed a lesser sentence under an advisory sentencing
scheme. Guzman-Arroyo’s claim fails to meet the plain-error
standard because he has not shown that the error affected 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this opinion should not be published and is not precedent except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.
No. 04-40073
-2-
substantial rights. See United States v. Mares, 402 F.3d 511, 521
(5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-
9517); United States v. Valenzuela-Quevedo, 407 F.3d 728, 732-33
(5th Cir. 2005).
AFFIRMED.