United States v. Garay

* 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this opinion should not be published and is not precedent except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 v. Booker, 543 U.S. 220 (2005).
United States Court of Appeals
Fifth Circuit
F I L E D
May 2, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-11237
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDREA GARAY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-62-1
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Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Andrea Garay
preserves for further review her contention that her sentence,
based upon facts not alleged in the indictment or proven to a
jury beyond a reasonable doubt, is unreasonable because this
court’s post-Booker** rulings have effectively reinstated the
mandatory Sentencing Guideline regime condemned in Booker. Garay
concedes that her argument is foreclosed by United States v.
Mares, 402 F.3d 511 (5th Cir.), cert. denied, 126 S. Ct. 43

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No. 06-11237
-2-
(2005), and its progeny, which have outlined this court’s
methodology for reviewing sentences for reasonableness. The
Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED.

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