United States v. Smith

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 6, 2007

Charles R. Fulbruge III Clerk No. 06-61045 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

EVELYN SMITH

Defendant - Appellant

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:06-CR-74-3 --------------------

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:*

Evelyn Smith appeals the 57-month sentence she received

following her guilty-plea conviction for making a counterfeit

security. She asserts that the district court violated United

States v. Booker, 543 U.S. 220 (2005), by using facts not

admitted by Smith to enhance her sentence. Post-Booker, “[t]he

sentencing judge is entitled to find by a preponderance of the

evidence all the facts relevant to the determination of a

Guideline sentencing range.” United States v. Mares, 402 F.3d

511, 519 (5th Cir. 2005). Smith has not shown that the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-61045 -2-

enhancements applied by the district court were clearly

erroneous. See United States v. Lopez-Urbina, 434 F.3d 750, 767

(5th Cir. 2005); United States v. Villanueva, 408 F.3d 193, 203

n.9 (5th Cir. 2005). Consequently, the judgment of the district

court is AFFIRMED.