United States v. Thibodeaux

* 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this opinion should not be published and is not precedent except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 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20231
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHIRLEY THIBODEAUX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CR-541-1
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Shirley Thibodeaux appeals her sentence imposed on a guilty-
plea conviction for fraud in connection with identification
documents in violation of 18 U.S.C. § 1028(a)(7), (b)(1)(D),
(c)(3)(A). Thibodeaux argues that the district court erred in
imposing a 12-level adjustment because the loss attributed to
Thibodeaux exceeded $200,000, a two-level adjustment because the
offense involved more than 10 but fewer than 50 victims, and a
two-level adjustment because Thibodeaux used one means of

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No. 04-20231
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identification to unlawfully obtain another means of
identification. See U.S.S.G. § 2B1.1(b)(1)(G), (b)(2)(A),
(b)(9)(C)(i)(Nov. 2002).
For the first time on appeal, Thibodeaux argues that these
sentencing adjustments were unconstitutional under Blakely v.
Washington, 124 S. Ct. 2531 (2004). As Thibodeaux concedes, her
Blakely argument is foreclosed by this court’s decision in United
States v. Pineiro, 377 F.3d 464, 473 (5th Cir. 2004), petition
for cert. filed (U.S. July 14, 2004) (No. 04-5263). Accordingly,
Thibodeaux’s sentence is AFFIRMED.

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