United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-30059
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRAZIER THOMAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CR-50073-ALL
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Frazier Thomas appeals the 210-month sentence imposed
following his guilty plea to one count of possession with intent
to distribute more than 50 grams of cocaine base, in violation of
21 U.S.C. § 841(a)(1). Thomas contends that the district court
erred in enhancing his sentence by two levels pursuant to United
States Sentencing Guideline § 2D1.1(b)(1), which applies when a
dangerous weapon was possessed during a drug trafficking offense.
*
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this opinion should not be published and is not precedent except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. 04-30059
-2-
The district court noted at sentencing that it would have
given Thomas the same 210-month sentence even if the two-level
dangerous-weapon enhancement did not apply. The sentence imposed
is within the guideline range that would have applied without the
enhancement. Under such circumstances, the error in applying the
enhancement, if any, is harmless. See United States v. Rogers,
126 F.3d 655, 661 (5th Cir. 1997).
Thomas also has filed a letter pursuant to FED. R. APP. P.
28(j) calling our attention to the Supreme Court’s recent
decision in Blakely v. Washington, 124 S. Ct. 2531 (2004).
However, we have held that Blakely does not apply to the United
States Sentencing Guidelines. United States v. Pineiro, No. 03-
30437, 2004 WL 1543170, at *1 (5th Cir. July 12, 2004).
AFFIRMED.