United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2005
Charles R. Fulbruge III
Clerk
No. 03-60763
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREG THOMAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:02-CR-80-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Greg Thomas appeals from a guilty plea conviction for
distribution of over 50 grams of cocaine base. See 21 U.S.C.
§ 841(a)(1), (b)(1)(A).
For the first time on appeal, Thomas argues that the
district court erred in imposing a sentence under a mandatory
guideline scheme, in violation of United States v. Booker, 125
S. Ct. 738, 756-57 (2005). We review for plain error. See
United States v. Martinez-Lugo, 411 F.3d 597, 600 (5th Cir.
*
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this opinion should not be published and is not precedent except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. 03-60763
-2-
2005). Thomas makes no showing, as required by Martinez-Lugo,
that the district court would likely have sentenced him
differently under an advisory sentencing scheme. Similarly,
there is no indication from the district court’s remarks at
sentencing that the district court would have reached a different
conclusion. Thomas has failed to meet his burden to show that
the district court’s imposition of a sentence under a mandatory
guideline scheme was plain error. See Martinez-Lugo, 411 F.3d at
601.
AFFIRMED.