United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 30, 2007
Charles R. Fulbruge III
Clerk
No. 06-50476
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ALBERTO CEDILLO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:03-CR-224-3
--------------------
Before DeMOSS STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Following a jury trial, Juan Alberto Cedillo was convicted
of one charge of simple possession of cocaine and one charge of
importation of cocaine. The district court sentenced him to
serve 12 months in prison on the possession count to run
concurrently with 70 months in prison on the importation count.
This court affirmed his conviction but remanded for resentencing
in light of United States v. Booker, 543 U.S. 220 (2005). On
remand, the district court reimposed the sentence that it had
initially given Cedillo. Cedillo now appeals that sentence.
*
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this opinion should not be published and is not precedent except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. 06-50476
-2-
Cedillo argues that the district court erred by basing his
sentence on its own factual findings, which were made under the
preponderance of the evidence standard. This argument is
unavailing. The district court committed no error by sentencing
Cedillo in accordance with its own factual findings. See United
States v. Valdez, 453 F.3d 252, 264 (5th Cir. 2006); see also
United States v. Betancourt, 422 F.3d 240, 246 (5th Cir. 2006).
The judgment of the district court is AFFIRMED.