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United States v. Juan Vaca-Arceo, 05-1350 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 05-1350 Visitors: 29
Filed: Feb. 08, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1350 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Juan Jose Vaca-Arceo, * * [UNPUBLISHED] Appellant. * _ Submitted: January 27, 2006 Filed: February 8, 2006 _ Before RILEY, MAGILL, and GRUENDER, Circuit Judges. _ PER CURIAM. Juan Jose Vaca-Arceo (Vaca-Arceo) appeals the 50-month sentence the district 1 court imposed upon his guilty plea to illegal
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-1350
                                    ___________

United States of America,                *
                                         *
              Appellee,                  *
                                         * Appeal from the United States
         v.                              * District Court for the
                                         * Southern District of Iowa.
Juan Jose Vaca-Arceo,                    *
                                         *     [UNPUBLISHED]
              Appellant.                 *
                                    ___________

                              Submitted: January 27, 2006
                                 Filed: February 8, 2006
                                  ___________

Before RILEY, MAGILL, and GRUENDER, Circuit Judges.
                            ___________

PER CURIAM.

      Juan Jose Vaca-Arceo (Vaca-Arceo) appeals the 50-month sentence the district
     1
court imposed upon his guilty plea to illegal reentry after deportation, in violation of
8 U.S.C. § 1326(a). For reversal, Vaca-Arceo argues the district court erred by
sentencing him under mandatory Sentencing Guidelines in violation of United States
v. Booker, 
125 S. Ct. 738
(2005).




         1
        The Honorable James E. Gritzner, United States District Judge for the Southern
District of Iowa.
       Vaca-Arceo’s failure to object below to the district court’s mandatory
application of the Guidelines limits this court to a plain-error review. See United
States v. Pirani, 
406 F.3d 543
, 550 (8th Cir.) (en banc), cert. denied, 
126 S. Ct. 266
(2005). While the district court plainly erred in sentencing Vaca-Arceo under a
mandatory application of the Guidelines, the error was not prejudicial because Vaca-
Arceo was sentenced toward the middle of the calculated Guidelines range and
nothing in the record suggests Vaca-Arceo would have received a more lenient
sentence under an advisory Guidelines scheme. See United States v. Norman, 
427 F.3d 537
, 539-40 (8th Cir. 2005) (finding no prejudice where defendant was sentenced
in middle of the Guidelines range and there was no other indication in the record that
he would have received a more lenient sentence under an advisory Guidelines
scheme); 
Pirani, 406 F.3d at 550
, 552-53 (plain-error test).

      Accordingly, we affirm.
                     ______________________________




                                         -2-

Source:  CourtListener

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