United States v. Longoria

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40373
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO JAVIER LONGORIA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-725-3
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Francisco Javier Longoria appeals the 151-month sentence
imposed following his guilty-plea conviction for possession with
intent to distribute 510 kilograms of marijuana, in violation of
21 U.S.C. § 841(a). He contends that his Sixth Amendment rights
were violated because his sentence was based on facts found by
the sentencing court by a preponderance of the evidence. He also
contends that he was sentenced under mandatory Sentencing
Guidelines contrary to United States v. Booker, 543 U.S. 220
(2005).

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No. 06-40373
-2-
The record reflects, however, that Longoria was sentenced
under the post-Booker advisory guidelines scheme, which requires
the sentencing court to calculate the guideline range in the same
manner as before Booker and to make factual findings by a
preponderance of the evidence. See United States v. Johnson,
445 F.3d 793, 797-98 (5th Cir.), cert. denied, 126 S. Ct. 2884
(2006). The judgment of the district court is AFFIRMED.

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