Case: 11-41161 Document: 00512181783 Page: 1 Date Filed: 03/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 20, 2013
No. 11-41161
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE RUBEN ARGUETA-PADILLA, Also Known as Alejandro Argueta-Rivera,
Defendant-Appellant.
Appeals from the United States District Court
for the Southern District of Texas
No. 1:10-CR-1126-1
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Jose Argueta-Padilla appeals the sentence imposed following his guilty-
plea conviction of being found unlawfully present in the United States after
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-41161 Document: 00512181783 Page: 2 Date Filed: 03/20/2013
No. 11-41161
deportation. He asserts that the district court plainly erred in applying a
sixteen-level enhancement pursuant to U.S. Sentencing Guidelines § 2L1.2(b)-
(1)(A)(i).
Because Argueta-Padilla did not object to the enhancement in the district
court, review is limited to plain error. See Puckett v. United States, 556 U.S. 129,
135 (2009). To show plain error, Argueta-Padilla must show a forfeited error
that is clear or obvious and that affects his substantial rights. See id. If he
makes such a showing, this court has the discretion to correct the error, but only
if it seriously affects the fairness, integrity, or public reputation of judicial pro-
ceedings. Henderson v. United States, 133 S. Ct. 1121, 1123 (2013).
Argueta-Padilla concedes that his conviction of count one in Maryland
Case No. 105209C for distribution of a controlled dangerous substance qualifies
as a drug-trafficking offense. In view of that concession, he cannot show any
error, much less plain error, in the application of the enhancement. Argueta-
Padilla’s motion to withdraw counsel and appoint new counsel is DENIED.
The judgment of sentence is AFFIRMED.
2