Case: 16-10236 Document: 00513750390 Page: 1 Date Filed: 11/08/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-10236 FILED
Summary Calendar November 8, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HECTOR RAMIREZ-QUINTANILLA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-162-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Hector Ramirez-Quintanilla appeals the 46-month within-guidelines
sentence imposed in connection with his conviction for illegal reentry after
deportation. Ramirez-Quintanilla argues that his case should be remanded for
resentencing in light of proposed amendments to the Sentencing Guidelines
applicable to illegal reentry offenses. He did not request that the district court
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10236 Document: 00513750390 Page: 2 Date Filed: 11/08/2016
No. 16-10236
consider the amendments when imposing the sentence; thus, we review for
plain error. See Puckett v. United States, 556 U.S. 129, 134-35 (2009).
The district court correctly applied the version of the Sentencing
Guidelines in effect at the time of sentencing. See United States v. Rodarte-
Vasquez, 488 F.3d 316, 322 (5th Cir. 2007). The district court did not plainly
err by failing to consider not yet proposed amendments to the Guidelines.
Ramirez-Quintanilla is not entitled to a remand for resentencing in light of the
amendments. See United States v. Posada-Rios, 158 F.3d 832, 880 (5th Cir.
1998).
The judgment of the district court is AFFIRMED.
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