USA v. Julio Delgado-Loya, No. 09-20344 (5th Cir. 2010)
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Case: 09-20344 Document: 00511063887 Page: 1 Date Filed: 03/26/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-20344 Summary Calendar March 26, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JULIO DELGADO-LOYA, also known as Julio Edward Delgado, also known as Julio Delgado Loya, also known as Julio Delgado, also known as Julio Eduardo Delgado-Loya, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-561-1 Before KING, STEWART and HAYNES, Circuit Judges. PER CURIAM:* Julio Delgado-Loya (Delgado) appeals the 77-month sentence imposed following his guilty-plea conviction for illegal reentry following previous deportation. He argues that the district court committed significant procedural error by imposing a sentence within the pertinent guidelines range without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20344 Document: 00511063887 Page: 2 No. 09-20344 Date Filed: 03/26/2010 giving specific reasons for rejecting his nonfrivolous arguments in favor of a sentence below this range. He requests this court to vacate his sentence. We review Delgado s argument for plain error because he raises it for the first time on appeal. See United States v. Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009). To show plain error, Delgado must show a forfeited error that is clear or obvious and that affects his substantial rights. See Puckett v. United States, 129 S. Ct. 1423, 1429 (2009). If he makes such a showing, this court has the discretion to correct the error but will do so only if the error substantially affects the fairness, integrity, or public reputation of judicial proceedings. Id. A review of the record does not support Delgado s argument that the district court failed to consider his arguments for a lower sentence. In fact, the full sentencing record reveals the district court s reasons for the chosen sentence and allows for effective review by this court. United States v. Bonilla, 524 F.3d 647, 657-58 (5th Cir. 2008), cert. denied, 129 S. Ct. 904 (2009). Even if the district court s reasons were inadequate and constituted error, Delgado cannot show that a more extensive explanation would have changed his 77-month sentence. See Mondragon-Santiago, 564 F.3d at 365. Accordingly, the judgment of the district court is AFFIRMED. See id.; see also Gall v. United States, 552 U.S. 38, 53 (2007). 2
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