United States v. Ludwing Gonzales-Manzanares

Case: 13-40584 Document: 00512636549 Page: 1 Date Filed: 05/20/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 13-40584
Fifth Circuit
FILED
Summary Calendar May 20, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
LUDWING GONZALES-MANZANARES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-821-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Defendant-Appellant Ludwing Gonzales-Manzanares pleaded guilty of
being found in the United States without permission, following removal. He
was sentenced to a 70-month term of imprisonment. On appeal, he argues that
the district court committed reversible plain error by assessing one criminal
history point for his prior conviction of simple criminal damage to property.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40584 Document: 00512636549 Page: 2 Date Filed: 05/20/2014
No. 13-40584
He contends that the prior conviction should have been excluded from the
criminal history calculation pursuant to U.S.S.G. § 4A1.2(c)(1).
To show plain error, an appellant must show a forfeited error that is
clear or obvious and that affects his substantial rights. Puckett v. United
States, 556 U.S. 129, 135 (2009). 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. Gonzales-
Manzanares has not met that standard because he has not shown that the
district court’s inclusion of the criminal history point constituted clear or
obvious error. See United States v. Hardeman, 933 F.2d 278, 281 (5th Cir.
1991).
The judgment of the district court is AFFIRMED.
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