United States v. Gonzalez-Cisneros

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 24, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40942
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
WELLINGTON ROELI GONZALEZ-CISNEROS,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-148-ALL
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Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
Wellington Roeli Gonzalez-Cisneros appeals the sentence imposed following his guilty plea
to illegal reentry. He argues for the first time on appeal that he is entitled to resentencing because
he was sentenced under the mandatory Guideline regime held unconstitutional in United States v.

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Booker, 125 S. Ct. 738 (2005). We review this argument for plain error only. United States v.
Martinez-Lugo, 411 F.3d 597, 600-01 (5th Cir. 2005).
Our review of the record does not reveal that the district court’s error affected the outcome
of the sentencing proceedings. See United States v. Valenzuela-Quevedo, 407 F.3d 728, 732-33 (5th
Cir. 2005). Gonzalez has therefore failed to establish that the error affected his substantial rights, and
he consequently cannot meet the plain error standard of review. Id. Given that Gonzalez is not
entitled to resentencing, we pretermit discussion of the validity of his appeal waiver.
AFFIRMED.

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