United States v. Rhodes , 155 F. App'x 143 ( 2005 )


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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                November 17, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-51266
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SYDNEY CHARLES RHODES, JR.,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 5:04-CR-194-ALL
    --------------------
    Before JONES, WIENER, and DeMOSS, Circuit Judges.
    PER CURIAM:*
    Sydney Charles Rhodes, Jr., appeals the sentences imposed
    following his guilty-plea conviction on two counts of
    transporting aliens within the United States for profit.       Citing
    United States v. Booker, 
    125 S. Ct. 738
    (2005), Rhodes argues
    that the district court violated his Sixth Amendment right to a
    jury trial by enhancing his sentence under the United States
    Sentencing Guidelines based on facts that were neither admitted
    by him nor found by a jury beyond a reasonable doubt.      Rhodes
    *
    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    this opinion should not be published and is not precedent except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. 04-51266
    -2-
    also argues that the district court erred by sentencing him
    pursuant to the mandatory Sentencing Guidelines scheme held
    unconstitutional in Booker.
    At Rhodes’s sentencing hearing, the district court noted
    that if the United States Sentencing Guidelines were held
    unconstitutional it would impose the same concurrent 33-month
    terms of imprisonment it had previously imposed.   Therefore, the
    Government has carried its burden of establishing that the
    district court’s sentencing errors were harmless beyond a
    reasonable doubt.   United States v. Walters, 
    418 F.3d 461
    , 464
    (5th Cir. 2005); United States v. Akpan, 
    407 F.3d 360
    , 376 (5th
    Cir. 2005).
    The judgment of the district court is AFFIRMED.
    

Document Info

Docket Number: 04-51266

Citation Numbers: 155 F. App'x 143

Judges: DeMOSS, Jones, Per Curiam, Wiener

Filed Date: 11/18/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023