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USA v. Jose Ibarra-Lara

Docket 14-50157, U.S. Court of Appeals, Fifth Circuit
Appellant Jose Patricio Ibarra-Lara
Appellee United States of America
USA
...
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UNPUBLISHED OPINION FILED

Document USA v. Jose Ibarra-Lara, 14-50157 (5th Cir. Dec. 31, 2014)
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir.
Case: 14-50157 Document: 00512886993 Page: 2 Date Filed: 12/31/2014 No. 14-50157 Because Ibarra failed to raise this objection in district court, our review is only for plain error.
Under that standard, Ibarra must show a forfeited plain (clear or obvious) error that affected his substantial rights.
If he does so, we have the discretion to correct the error, but should do so only if it seriously affects the fairness, integrity, or public reputation of the proceedings.
“[W]e are skeptical that [Ibarra] has met his burden of showing a reasonable probability that, but for the district court’s consideration of the incorrect advisory range, his sentence would have been lower”.
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