United States v. Julio Arellano-Galeana

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 21, 2020
• Docket: 18-11071
• Status: Unpublished

Opinion

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

FILED No. 18-11071 February 21, 2020 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JULIO CESAR ARELLANO-GALEANA, also known as Julio Arrellano- Galeana,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. See § 841(a)(1), (b)(1)(C). 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.