United States v. Pineda-Lozano

323 F. App'x 361

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 30, 2009
• Docket: 08-30657
• Status: Unpublished

Opinion

PER CURIAM: *

Efrain Isidro Pineda-Lozano (Pineda) appeals his guilty plea conviction of being found unlawfully in the United States after having been deported subsequent to an aggravated felony conviction. He argues that the variance between the conviction used as a basis for enhancement in the indictment and the conviction used to enhance his offense level at sentencing deprived him of notice of the consequences of his guilty plea.

We review Pineda’s argument for plain error. See United States v. Baker, 538 F.3d 324, 332 (5th Cir.2008), cert. denied, — U.S. -, 129 S.Ct. 962, 173 L.Ed.2d 153 (2009). With respect to sentencing, the consequences of entering a guilty plea mean only that the defendant knows the maximum possible prison sentence and fine that may be imposed. United States v. Gaitan, 954 F.2d 1005, 1012 (5th Cir.1992). The record reflects that Pineda was advised and understood that he faced a maximum term of imprisonment of 20 years. Accordingly, he cannot demonstrate plain error. See id. at 1011-12.

AFFIRMED.

* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.