United States v. Jordan

* 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this opinion should not be published and is not precedent except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
November 1, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-11326
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH JEFFERY JORDAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-233-3-G
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before BARKSDALE, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Kenneth Jordan appeals his sentence imposed prior to United
States v. Booker, 543 U.S. 220 (2005), under the assumption that
the Sentencing Guidelines were mandatory. Jordan first raised the
objection on appeal, and we review for plain error. United States
v. Mares, 402 F.3d 511, 516 (5th Cir. 2005). Because Jordan has not
pointed to anything in the record indicating that the trial judge
would have sentenced him differently under an advisory sentencing

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No. 03-11326
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regime, he cannot show plain error under Mares. Id. at 522. We
therefore AFFIRM.

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