Summary Calendar UNITED STATES OF AMERICA v. Evelyn Smith

* 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this opinion should not be published and is not precedent except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
June 6, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-61045
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
EVELYN SMITH
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:06-CR-74-3
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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

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No. 06-61045
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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.

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