United States v. Sonnier

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 25, 2006 Charles R. Fulbruge III Clerk No. 05-30787 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SARAH DARLENE SONNIER, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:03-CR-20062-1 -------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Sarah Darlene Sonnier, federal prisoner # 11903-035, pleaded guilty to interstate travel in aid of unlawful activity and was sentenced to 57 months of imprisonment and two years of supervised release. She appeals the district court’s denial of the 28 U.S.C. § 2255 motion challenging her sentence. The district court granted a certificate of appealability. Sonnier argues that her sentence was imposed in violation of United States v. Booker, 543 U.S. 220 (2005), and that Booker applies retroactively on collateral review. Sonnier concedes that her * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-30787 -2- argument is foreclosed by circuit precedent, but raises it to preserve further review. In United States v. Gentry, 432 F.3d 600, 604 (5th Cir. 2005), we held that Booker is not retroactively applicable to initial § 2255 motions. AFFIRMED.