United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 21, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-50444
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LUIS RAUL RAMIREZ-PALOMO
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-547-ALL
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Luis Raul Ramirez-Palomo appeals his concurrent 108-month sentences
for importing and possessing with the intent to distribute cocaine. Ramirez-
Palomo argues that his Sixth Amendment right to a jury trial was violated
because the district court found facts used to determine his guideline range of
imprisonment. “[W]ith the mandatory use of the Guidelines excised, the Sixth
Amendment will not impede a sentencing judge from finding all facts relevant
*
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should not be published and is not precedent except under the limited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. 06-50444
to sentencing.” United States v. Johnson, 445 F.3d 793, 798 (5th Cir.), cert.
denied, 126 S. Ct. 2884 (2006). The judgment of the district court is AFFIRMED.
2