United States v. Morales-Rodriguez, No. 13-10364 (5th Cir. 2015)
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Defendant appealed his sentence after pleading guilty of illegally reentering the United States after removal. Defendant contended that the government withheld an additional reduction based on his decision not to waive appeal. The court concluded that even if there was an error, it was not clear or obvious. In United States v. Henneberger, the court held that any error was not clear or obvious, explaining that, “[b]ecause we have no evidence
concerning the government’s motives for withholding the motion, an erroneous failure to conclude that the government acted improperly would be anything but clear and indisputable.” The same is true in this case. Because defendant failed to show plain error, the court affirmed the sentence.
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