United States v. Rendon

* 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this opinion should not be published and is not precedent except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 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41452
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO FERNANDO RENDON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-178-3
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Roberto Fernando Rendon appeals his sentence following his
guilty-plea conviction for possession of more than five kilograms
of cocaine with intent to distribute. He argues that the
district court erred by increasing his sentence on the basis of
facts neither admitted by him nor found by a jury beyond a
reasonable doubt. Because the district court was not operating
under a mandatory guidelines regime when it sentenced Rendon, the
district court was authorized to find pertinent sentencing facts.
United States v. Mares, 402 F.3d 511, 516-20 (5th Cir.), cert.

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No. 05-41452
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denied, 126 S. Ct. 43 (2005). Rendon also contends that the
district court wrongly considered the Sentencing Guidelines as
mandatory despite the decision in United States v. Booker, 543
U.S. 220 (2005). This assertion is unsupported by the record.
Consequently, the judgment of the district court is AFFIRMED.

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