United States v. Casso

* 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this opinion should not be published and is not precedent except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
April 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40275
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CUTBERTO ARNOLDO CASSO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-431-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Cutberto Arnoldo Casso appeals the sentence imposed
following his guilty-plea conviction for possession with intent
to distribute approximately 596 kilograms of marijuana. Casso
argues that the district court erred under United States v.
Booker, 543 U.S. 220 (2005), by sentencing him pursuant to a
mandatory guidelines scheme.
Because Casso raises this argument for the first time on
appeal, we review only for plain error. See United States v.

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No. 05-40275
-2-
Valenzuela-Quevedo, 407 F.3d 728, 732 (5th. Cir.), cert. denied,
126 S. Ct. 267 (2005). Although the mandatory application of the
Sentencing Guidelines constitutes error that is now clear in
light of Booker, Casso has not shown that this error affected his
substantial rights. See id.; United States v. Pennell, 409 F.3d
240, 245 (5th Cir. 2005). The fact that Casso was sentenced at
the lowest end of the Guidelines does not indicate that his
sentence would likely have been different under advisory
Guidelines. See United States v. Bringier, 405 F.3d 310, 317-18
& n.4. (5th Cir.), cert. denied, 126 S. Ct. 264 (2005).
AFFIRMED.

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