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. 05-40106
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO MARTINEZ-CORPUS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1577-ALL
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Arturo Martinez-Corpus appeals from his guilty-plea
conviction of illegally reentering the United States after having
been convicted of illegal entry. Martinez contends that the
district court violated United States v. Booker, 125 S. Ct. 738
(2005), by sentencing him under the formerly mandatory Sentencing
Guidelines regime. According to Martinez, application of the
formerly mandatory regime was a structural error that should not
require plain-error analysis. Martinez acknowledges that his
structural-error and presumed-prejudice contentions are
*
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this opinion should not be published and is not precedent except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. 05-40106
-2-
foreclosed, and he concedes that he cannot satisfy the plain-
error test applicable to issues raised for the first time on
appeal, but he raises the issues to preserve them for further
review.
Martinez’s structural-error and presumptive-prejudice
contentions are foreclosed. See United States v. Martinez-Lugo,
411 F.3d 597, 601 (5th Cir. 2005), cert. denied, ___ S. Ct. ___
(Oct. 11, 2005) (No. 05-6242). Martinez has failed to
demonstrate that his sentence likely would have been different
under an advisory sentencing regime. See United States v. Mares,
402 F.3d 511, 522 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005).
The district court imposed the longest sentence indicated by
Martinez’s sentencing range, denied Martinez’s request for a
downward departure, and indicated a lack of sympathy for
Martinez.
AFFIRMED.