United States v. Beshirs , 190 F. App'x 344 ( 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                  June 21, 2006
    Charles R. Fulbruge III
    Clerk
    No. 05-41359
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    LIZA LAWONNA BESHIRS,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 3:03-CR-8-2
    --------------------
    Before STEWART, DENNIS, and OWEN, Circuit Judges.
    PER CURIAM:*
    Liza Lawonna Beshirs pleaded guilty to conspiracy to
    manufacture, distribute, or possess with intent to manufacture,
    distribute, or dispense methamphetamine.   She appeals the
    sentence imposed following our remand to the district court for
    resentencing in accordance with United States v. Booker, 
    543 U.S. 220
     (2005).    See United States v. Beshirs, No. 04-41053 (5th Cir.
    June 16, 2005) (unpublished).   The district court granted the
    Government’s FED. R. CRIM. P. 35(b) motion and sentenced Beshirs
    *
    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    this opinion should not be published and is not precedent except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. 05-41359
    -2-
    to 81 months of imprisonment and four years of supervised
    release.
    Beshirs argues that the district court’s determination to
    apply a two-level enhancement for possession of a firearm and a
    six-level increase for creating a substantial risk of harm to a
    minor in calculating the advisory guidelines range violated her
    Sixth Amendment rights.   She concedes, however, that this court
    has approved this method of sentencing, and she does not
    challenge the reasonableness of the sentence imposed.
    “The precise Sixth Amendment error identified in Booker is
    not the use of extra-verdict enhancements that increase a
    sentence; the constitutional error is that extra-verdict
    enhancements were being used under mandatory guidelines.”     United
    States v. Holmes, 
    406 F.3d 337
    , 365 (5th Cir.), cert. denied, 
    126 S. Ct. 375
     (2005).   Because the district court considered the
    Guidelines as advisory when resentencing Beshirs, her Sixth
    Amendment argument is without merit.
    AFFIRMED.
    

Document Info

Docket Number: 05-41359

Citation Numbers: 190 F. App'x 344

Judges: Dennis, Owen, Per Curiam, Stewart

Filed Date: 6/21/2006

Precedential Status: Non-Precedential

Modified Date: 8/2/2023