United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-10753
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERT HENSON, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-62-ALL
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Albert Henson, Jr., pleaded guilty to bank fraud and now
appeals the sentence imposed following the revocation of his
supervised release. Henson argues that the district court’s
imposition of the statutory maximum term of imprisonment was
erroneous because it exceeded the advisory policy range set forth
in U.S.S.G. § 7B1.3(a)(2).
We need not decide whether the “plainly unreasonable”
standard continues to apply to sentences imposed upon revocation
*
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this opinion should not be published and is not precedent except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. 05-10753
-2-
of supervised release or whether, post-Booker,** the
“unreasonableness” standard governs, or even if there is a
difference between the two standards; Henson’s sentence passes
muster under either and was not imposed in violation of law. See
United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005), cert.
denied, 126 S. Ct. 1804 (2006).
AFFIRMED.
**
United States v. Booker, 543 U.S. 220 (2005).