United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2005
Charles R. Fulbruge III
Clerk
No. 04-41468
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO SANTOS-PADILLA, also known as Jaime Santiago
Guzman-Lopez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-371-ALL
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Julio Santos-Padilla (“Santos”), also known as Jaime
Santiago Guzman-Lopez, appeals the sentence imposed following his
guilty plea to illegal reentry. 8 U.S.C. § 1326(a), (b). He
argues for the first time on appeal that he is entitled to
resentencing because he was sentenced under the mandatory
Sentencing Guidelines regime held unconstitutional in United
States v. Booker, 125 S. Ct. 738 (2005). We review this argument
for plain error only. See United States v. Martinez-Lugo, 411
*
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this opinion should not be published and is not precedent except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. 04-41468
-2-
F.3d 597, 600 (5th Cir. 2005), cert. denied, ___ S. Ct. ___ (Oct.
11, 2005) (No. 05-6242).
Our review of the record does not reveal that the district
court’s error affected the outcome of the sentencing proceedings.
See United States v. Valenzuela-Quevedo, 407 F.3d 728, 732-33
(5th Cir.), cert. denied, 126 S. Ct. 267 (2005). Because Santos
has failed to establish that the error affected his substantial
rights, he cannot meet the plain error standard of review. See
id. Given that Santos is not entitled to resentencing, we
pretermit discussion of the validity of his appeal waiver.
AFFIRMED.