and "by offering to sell.” Notwithstanding this language, a conviction would require the government to prove only one of these allegations, not all three, and therefore we cannot say whether Ibarra’s guilty plea was an admission to all three allegations or only to the allegation of offering to sell. See Morales-Martinez, 496 F.3d at 358-61; accord United States v. Fuentes, 245 F.App'x 358 (5th Cir.2007); cf. Orin Kerr, The Strange Practice of Indicting in the Conjunctive, The Volokh Conspiracy (Sept. 25, 2009, 1:23 PM), http://volokh.com/posts/ 1253899387.shtml. 15 . See U.S.S.G. § 2L1.2 cmt. n. l(B)(iv) (2008). 16 . See Greenlaw v. United States, 554 U.S. 237, 244-45, 128 S.Ct. 2559, 171 L.Ed.2d 399 (2008). But see United States v. Castillo-Estevez, 597 F.3d 238, 241 (5th Cir.2010) (<HOLDING>). 17 . U.S.S.G. § 2L1.2(b)(1)(C) & cmt. n.
holding that retroactive application of amended guidelines provision is not plain error holding no retroactive application holding retroactive application holding that the act is not retroactive recognizing that the application of a retroactive amendment is discretionary