USA v. Hector Ramirez-Quintanilla, No. 16-10236 (5th Cir. 2016)

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Case: 16-10236 Document: 00513750390 Page: 1 Date Filed: 11/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10236 Summary Calendar United States Court of Appeals Fifth Circuit FILED 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. RodarteVasquez, 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. 2

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