United States v. Gonzalez , 166 F. App'x 107 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 6, 2006
Charles R. Fulbruge III
Clerk
No. 05-40424
c/w 05-40448
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RAUL ALFREDO GONZALEZ
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:00-CR-553-2
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Before KING, DeMOSS and PRADO, Circuit Judges.
PER CURIAM:*
Raul Alfredo Gonzalez appeals the 18-month sentence imposed
upon revocation of the supervised release term imposed when he
was sentenced on his escape conviction. He argues that the
18-month sentence exceeds the statutory maximum under United
States v. Booker, 125 S. Ct. 738 (2005), Blakely v. Washington,
124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466(2000).
*
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this opinion should not be published and is not precedent except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. 05-40424
c/w 05-40448
-2-
Booker left intact the statutory provisions governing
supervised release. United States v. Hinson, 429 F.3d 114, 117-
18 (5th Cir. 2005). The principles of Apprendi and Blakely, as
developed in Booker, do not apply to revocations of supervised
release. See id. at 118-19. Gonzalez’s 18-month sentence was
neither unreasonable nor plainly unreasonable, as it did not
exceed the statutory maximum term of imprisonment of two years.
See id. at 120; 18 U.S.C. § 3583(e)(3).
AFFIRMED.