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. 04-60095
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARY BUGGS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:02-CR-79-2
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Mary Buggs appeals the sentence imposed following her
guilty-plea conviction for distribution of cocaine base in
violation 21 U.S.C. § 841(a) and (b)(1)(C). Buggs argues that
her sentence is illegal in view of the Supreme Court’s decision
in Blakely v. Washington, 124 S. Ct. 2531 (2004). Because Buggs
did not raise this issue in the district court, review is limited
to plain error. See United States v. Vonn, 535 U.S. 55, 59
(2002). After the district court sentenced Buggs, the Supreme
*
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this opinion should not be published and is not precedent except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. 04-60095
-2-
Court issued its decision in United States v. Booker, 125 S. Ct.
738 (2005), applying its Sixth Amendment holding in Blakely to
the United States Sentencing Guidelines. The Supreme Court held
that “[a]ny fact (other than a prior conviction) which is
necessary to support a sentence exceeding the maximum authorized
by the facts established by a plea of guilty or a jury verdict
must be admitted by the defendant or proved to a jury beyond a
reasonable doubt.” Id. at 756.
Even if there was Booker error, however, Buggs cannot show
plain error. Because Buggs’s sentence was based on the 12.5
grams of cocaine base that, as part of her plea agreement, she
admitted distributing, Buggs cannot demonstrate that her sentence
would likely have been different if the judge had sentenced her
under the Booker advisory regime. 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). Therefore, Buggs’s sentence is AFFIRMED.