United States v. Julio Arellano-Galeana

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-11071
Summary Calendar

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 F
ED. 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2020

Lyle W. Cayce
Clerk
Case: 18-11071 Document: 00515318797 Page: 1 Date Filed: 02/21/2020

No. 18-11071
2
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.
Case: 18-11071 Document: 00515318797 Page: 2 Date Filed: 02/21/2020