USA v. Julio Arellano-Galeana, No. 18-11071 (5th Cir. 2020)

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Case: 18-11071 Document: 00515318797 Page: 1 Date Filed: 02/21/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-11071 Summary Calendar FILED February 21, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JULIO CESAR ARELLANO-GALEANA, also known as Julio ArrellanoGaleana, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:18-CR-20-1 Before SMITH, DENNIS, and DUNCAN, Circuit Judges. PER CURIAM: * Julio Cesar Arellano-Galeana appeals his guilty-plea conviction and sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). He contends for the first time on appeal that the district court failed to admonish him regarding the applicable sentencing range, as required by FED. R. CRIM. P. 11(b)(1), thus rendering his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-11071 Document: 00515318797 Page: 2 Date Filed: 02/21/2020 No. 18-11071 guilty plea unknowing and involuntary. Because Arellano-Galeana failed to raise this Rule 11 challenge in the district court, we apply a plain-error standard of review. See United States v. Brown, 328 F.3d 787, 789 (5th Cir. 2003). There is no mandatory minimum penalty applicable to Arellano- Galeana’s offense of conviction, and the record shows that Arellano-Galeana understood the maximum possible penalty of 20 years in prison. § 841(a)(1), (b)(1)(C). See Further, Arellano-Galeana fails to show that any purported error affected his substantial rights. See Brown, 328 F.3d at 789. Accordingly, the judgment of the district court is AFFIRMED. 2

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