USA v. Sotero Ramirez-Ballejo

Filing

UNPUBLISHED OPINION FILED. [14-40450 Affirmed ] Judge: TMR , Judge: JLD , Judge: LHS Mandate pull date is 07/28/2015 for Appellant Sotero Ramirez-Ballejo [14-40450]

Case: 14-40450

Document: 00513106094

Page: 1

Date Filed: 07/07/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40450
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 7, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SOTERO RAMIREZ-BALLEJO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-934
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *

Sotero Ramirez-Ballejo appeals the 42-month prison term imposed
following his guilty plea conviction for illegal reentry. For the first time on
appeal, he contends that the district court committed reversible plain error by
imposing the 16-level enhancement of U.S.S.G. § 2L1.2(b)(1)(A)(i), based on his
prior Texas conviction for possessing methamphetamine with intent to deliver,
when the Texas statute of conviction could encompass administering a

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40450

Document: 00513106094

Page: 2

Date Filed: 07/07/2015

No. 14-40450
controlled substance and giving away a controlled substance for no
remuneration.
These arguments are foreclosed by our recent holdings in United States
v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir. 2015), and United States v.
Teran-Salas, 767 F.3d 453, 458-62 (5th Cir. 2014), cert. denied, 135 S. Ct. 1892
(2015). Accordingly, Ramirez-Ballejo has shown no clear or obvious error with
regard to his sentence. See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.

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