United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-41396
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ARMANDO GARCES, also known as Antonio Moreno,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-292-ALL
--------------------
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Jorge Armando Garces appeals the sentence imposed following
his plea of guilty to one count of possession with intent to
distribute more than 100 kilograms of marijuana. He contends
that his Sixth Amendment rights were violated because his
sentence was based on facts found by the sentencing court by a
preponderance of the evidence. He also contends that he was
sentenced under mandatory Sentencing Guidelines contrary to
United States v. Booker, 543 U.S. 220 (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this opinion should not be published and is not precedent except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. 05-41396
-2-
Garces was sentenced under the post-Booker advisory
guidelines scheme which requires the sentencing court to
calculate the guideline range in the same manner as before Booker
and to make factual findings by a preponderance of the evidence.
See United States v. Johnson, 445 F.3d 793, 797-98 (5th Cir.),
cert. denied, 126 S. Ct. 2884 (2006). Garces misunderstands both
Booker and his own post-Booker sentencing. Consequently, his
appeal presents no issue relevant to his sentence. The judgment
of the district court is AFFIRMED.