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. 04-40999
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AKBAR RASHADA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 01:04-CR-9-ALL-TH
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Akbar Rashada, an inmate at the federal penitentiary in
Beaumont, Texas, pleaded guilty to possessing a prohibited object
(namely, a metal weapon) within the territorial jurisdiction of
the United States. Rashada was sentenced to 27 months of
imprisonment and a two-year term of supervised release. He
argues that, in light of United States v. Booker, 125 S. Ct. 738
(2005), his sentence is invalid because the district court
applied the sentencing guidelines as if they were mandatory. We
review for plain error. See United States v. Valenzuela-Quevedo,
*
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this opinion should not be published and is not precedent except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. 04-40999
-2-
407 F.3d 728, 733 (5th Cir. 2005), petition for cert. filed (July
25, 2005) (No. 05-5556).
Rashada is unable to establish reversible plain error with
regard to his Booker claim because he cannot establish that being
sentenced under a mandatory sentencing guidelines scheme affected
his substantial rights. The record does not indicate that the
district court would have reached a significantly different
result under a sentencing scheme in which the guidelines were
advisory only. See Valenzuela-Quevedo, 407 F.3d at 733-34.
Accordingly, the judgment of the district court is AFFIRMED.