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. 05-40055
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY DWIGHT BLAIR,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-81-ALL
--------------------
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Gary Dwight Blair, a federal prisoner, appeals following his
guilty plea to a charge of assaulting a correctional officer, in
violation of 18 U.S.C. § 111. Blair argues that the district
court committed reversible error by imposing a sentence pursuant
to the mandatory Federal Sentencing Guidelines system that was
held unconstitutional in United States v. Booker, 125 S. Ct. 738
(2005). We review for plain error. See United States v.
*
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this opinion should not be published and is not precedent except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. 05-40055
-2-
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 Blair under a mandatory Sentencing Guidelines scheme.
See id.; United States v. Mares, 402 F.3d 511, 520-21 (5th Cir.
2005), petition for cert. filed (Mar. 31, 2005)(No. 04-9517).
However, Blair has not carried his burden of showing that the
district court’s error affected his substantial rights. See
Valenzuela-Quevedo, 407 F.3d at 733-34; Mares, 402 F.3d at 521.
Accordingly, the district court’s judgment is AFFIRMED.