Roberto Armendariz Sandoval (Armen-dariz) appeals the 45-month term of imprisonment imposed following his guilty plea conviction for being found unlawfully present in the United States following deportation. He argues that the waiver-of-appeal provision in his sentencing agreement with the Government is not enforceable because the Government refused to move for a third-level reduction for acceptance of responsibility unless Armendariz waived his right to appeal. The Government seeks to enforce the waiver provision. We pretermit a determination of the enforceability of the waiver provision. See United States v. Story, 439 F.3d 226, 230-31 (5th Cir.2006).
For the first time on appeal, Armendariz contends that the district court committed reversible plain error by imposing the 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) based on his prior Oklahoma felony conviction for possession with intent to distribute marijuana. He asserts that the statute encompasses an offense involving sharing or delivering the drugs with or without remuneration, which does not constitute a “drug trafficking offense” within the meaning of the Guideline.
As Armendariz concedes, this argument is foreclosed by our recent holding in United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir.2015). However, he wishes to preserve the argument for further possible review. Accordingly, Armen-dariz has shown no clear or obvious error with regard to his sentence. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009).
AFFIRMED.