335 F. App'x 429

UNITED STATES of America, Plaintiff-Appellee, v. Moises Aron RODRIGUEZ-FUNEZ, Defendant-Appellant.

No. 08-40773

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 24, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Moisés Aron Rodriguez-Funez was convicted of one count of illegal reentry into the United States and was sentenced to serve 37 months in prison. Rodriguez-Funez appeals his sentence. He argues that he should be resentencecl because the district court erroneously believed that his *430prior conviction was for an aggravated felony. He concedes that this claim is reviewed for plain error only due to his failure to raise it in the district court.

A review of the record shows that the same sentence could be imposed upon Rodriguez-Funez if this case were remanded for resentencing. This review likewise does not show that it is reasonably probable that Rodriguez-Funez would have received a different sentence but for the district court’s erroneous belief concerning his prior conviction. Consequently, Rodriguez-Funez has not shown plain error in connection with his sentence, nor has he established that he should receive relief on this claim. See Puckett v. United States, — U.S. -, -, 129 S.Ct. 1423, 1429, 173 L.Ed.2d 266 (2009); United States v. Jones, 444 F.3d 430, 437-38 (5th Cir.2006). The judgment of the district court is AFFIRMED.

United States v. Rodriguez-Funez
335 F. App'x 429

Case Details

Name
United States v. Rodriguez-Funez
Decision Date
Jun 24, 2009
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335 F. App'x 429

Jurisdiction
United States

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