USA v. Garces, No. 05-41396 (5th Cir. 2006)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 05-41396 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE ARMANDO GARCES, also known as Antonio Moreno, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-292-ALL -------------------Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Jorge Armando Garces appeals the sentence imposed following his plea of guilty to one count of possession with intent to distribute more than 100 kilograms of marijuana. He contends that his Sixth Amendment rights were violated because his sentence was based on facts found by the sentencing court by a preponderance of the evidence. He also contends that he was sentenced under mandatory Sentencing Guidelines contrary to United States v. Booker, 543 U.S. 220 (2005). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-41396 -2Garces was sentenced under the post-Booker advisory guidelines scheme which requires the sentencing court to calculate the guideline range in the same manner as before Booker and to make factual findings by a preponderance of the evidence. See United States v. Johnson, 445 F.3d 793, 797-98 (5th Cir.), cert. denied, 126 S. Ct. 2884 (2006). Garces misunderstands both Booker and his own post-Booker sentencing. Consequently, his appeal presents no issue relevant to his sentence. of the district court is AFFIRMED. The judgment
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