United States v. Roberson

186 F. App'x 481
Court of Appeals for the Fifth Circuit·Decided June 21, 2006·No. 04-41208·Unpublished

Opinion

PER CURIAM: *

Felicia Roberson appeals from a guilty-plea conviction for possession of cocaine base with intent to distribute and for aiding and abetting in the offense. See 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2.

For the first time on appeal, Roberson argues that the district court erred in im *482 posing a sentence under a mandatory guideline scheme, in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We review for plain error. See United States v. Valenzuelar-Quevedo, 407 F.3d 728, 732 (5th Cir.), cert. denied, — U.S.-, 126 S.Ct. 267, 163 L.Ed.2d 240 (2005). Roberson has not shown that the district court would have sentenced her differently under an advisory sentencing scheme. Accordingly, Roberson has failed to show that the district court’s imposition of a sentence under a mandatory guideline scheme was plain error. See id. at 733-34.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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United States v. Roberson, 186 F. App'x 481 (5th Cir. 2006).

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Related

United States v. Valenzuela-Quevedo
407 F.3d 728 (Fifth Circuit, 2005)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)