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. 04-20229
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BYRON DONSHA ADAMS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CR-297-2
--------------------
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Byron Donsha Adams appeals his sentence following his
guilty-plea conviction for conspiracy to possess with intent to
distribute 50 grams or more of cocaine base and possession with
intent to distribute 50 grams or more of cocaine base. Adams
argues that his sentence is unconstitutional in light of United
States v. Booker, 125 S. Ct. 738 (2005), because he was sentenced
under a mandatory guidelines scheme. We review for plain error.
United States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005),
*
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this opinion should not be published and is not precedent except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. 04-20229
-2-
petition for cert. filed (Mar. 31, 2005) (No. 04-9517); United
States v. Valenzuela-Quevedo, 407 F.3d 728, 732 (5th Cir. 2005),
petition for cert.filed (July 25, 2005) (No. 05-5556).
The district court committed error that is plain by
sentencing Adams under a mandatory sentencing guidelines scheme.
Valenzuela-Quevedo, 407 F.3d at 733. However, Adams fails to
carry his burden of showing that this error affected his
substantial rights. Id. at 733-34. The district court made no
comments indicating that it would have imposed a lesser sentence
in the absence of mandatory guidelines. Accordingly, the
judgment of the district court is AFFIRMED.