United States v. Isidro Mora

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 30, 2009
No. 09-50307
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ISIDRO DELGADO MORA, also known as Isidro Mora-Delgado,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:08-CR-198-1
Before WIENER, DeMOSS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Isidro Delgado Mora pleaded guilty before a magistrate judge (MJ) to one
count of illegal reentry into the United States after having been previously
deported following an aggravated felony conviction. He was sentenced to 60
months of imprisonment. He argues for the first time on appeal that the district
court erred in sentencing him without affirmatively adopting his plea of guilty
or the MJ’s report recommending that the district court accept his guilty plea.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 09-50307
This Court’s review is for plain error. Puckett v. United States, 129 S. Ct.
1423, 1429 (2009). To show plain error, the appellant must show a forfeited
error that is clear or obvious and that affects his substantial rights. Id. If the
appellant makes such a showing, this court has the discretion to correct the error
but only if it seriously affects the fairness, integrity, or public reputation of
judicial proceedings. Id.
The record indicates that the district court implicitly accepted Mora’s
guilty plea. Mora cannot show that the district court committed an obvious error
in failing to affirmatively accept his guilty plea before sentencing, nor that the
court’s failure to do so affected his substantial rights. See id.; United States v.
Morales-Sosa, 191 F.3d 586, 588 (5th Cir. 1999); United States v. Sanford, 429
F.3d 104, 107 n.2 (5th Cir. 2005).
AFFIRMED.
2