United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-40526
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LETICIA AGUILAR-TERAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-620-ALL
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Leticia Aguilar-Teran (Aguilar) appeals her sentence under
8 U.S.C. § 1324 for two counts of transporting an illegal alien.
Aguilar asserts that the district court violated the Due Process
and Ex Post Facto Clauses by sentencing her in accordance with
the remedial portion of United States v. Booker, 543 U.S. 220
(2005), when she committed the offenses before Booker was issued.
While this appeal was pending, we rejected this argument. See
United States v. Austin, 432 F.3d 598, 599-600 (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this opinion should not be published and is not precedent except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. 04-40526
-2-
Aguilar also asserts that the district court violated her
rights under the Sixth Amendment by increasing her sentence based
upon facts that were neither included in the indictment nor
admitted by her. This argument is meritless because Aguilar was
sentenced after Booker was issued. See United States v. Alonzo,
435 F.3d 551, 553 (5th Cir. 2006).
The judgment of the district court is AFFIRMED.