United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2005
Charles R. Fulbruge III
Clerk
No. 04-40769
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ALPHONSO ESCAMILLA, JR.,
also know as “Wawa,”
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:03-CR-39-3
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Jose Alphonso Escamilla, Jr., appeals the 210-month sentence
imposed following his guilty plea conviction for conspiracy to
manufacture, distribute, or possess with intent to manufacture,
distribute, or dispense methamphetamine and marijuana. Escamilla
argues that the district court plainly erred in sentencing him
under the Sentencing Guidelines in light of United States v.
Booker, 125 S. Ct. 738 (2005). He argues that his Sixth
*
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this opinion should not be published and is not precedent except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. 04-40769
-2-
Amendment right was violated because his sentence was enhanced
based on facts which he did not admit were true.
Escamilla has not demonstrated that the district court would
have imposed a different or a lesser sentence if it had been
guided by the Booker holding. Thus, Escamilla has failed to show
that the district court plainly erred in imposing his sentence.
See United States v. Mares, F.3d , No. 03-21035, 2005 WL
503715 at *9 (5th Cir Mar. 4, 2005), petition for cert. filed,
No. 04-9517 (U.S. Mar. 31, 2005). The sentenced is AFFIRMED.