United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2005
Charles R. Fulbruge III
Clerk
No. 05-40101
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISSAC NAVARRO-LERMA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-587-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Issac Navarro-Lerma appeals his sentence following his
guilty-plea conviction of one charge of transporting an alien for
financial gain. Navarro-Lerma argues for the first time on
appeal that the district court erred by sentencing him under a
mandatory sentencing guidelines scheme. See United States v.
Booker, 125 S. Ct. 738 (2005). He further contends that this
issue is subject to de novo review and that prejudice should be
presumed because the error is structural.
*
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this opinion should not be published and is not precedent except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. 05-40101
-2-
We review for plain error. See United States v. Valenzuela-
Quevedo, 407 F.3d 728, 732 (5th Cir. 2005), petition for cert.
filed (July 25, 2005) (No. 05-5556). Navarro-Lerma’s arguments
to the contrary are, as he concedes, foreclosed. See id.; see
also United States v. Malveaux, 411 F.3d 558, 560 n.9 (5th Cir.
2005), petition for cert. filed (July 11, 2005) (No. 05-5297);
United States v. Martinez-Lugo, 411 F.3d 597, 600-01 (5th Cir.
2005). Further, he has not shown that he is entitled to relief
under the plain-error standard.
Navarro-Lerma has shown no reversible error in the judgment
of the district court. Consequently, that judgment is AFFIRMED.