U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Johnson

United States v. Johnson
U.S. Court of Appeals for the Fifth Circuit · Decided August 17, 2004 · Higginbotham, Davis, Pickering
104 F. App'x 434

United States v. Johnson

Opinion

PER CURIAM: *

Verona L. Johnson appeals her resen-tencing for possession of a firearm by a convicted felon. Johnson argues that she *435 should not have received a two-level increase in her offense level under the Sentencing Guidelines for obstruction of justice.

The district court’s factual finding of obstruction of justice is plausible in light of the record as a whole. Therefore, the obstruction finding was not clearly erroneous. See U.S.S.G. § 3C1.1; United States v. Johnson, 352 F.3d 146, 147-48 (5th Cir. 2003); United States v. Storm, 36 F.3d 1289, 1295 (5th Cir. 1994).

Johnson has filed a letter pursuant to Fed. R.App. P. 28(j) calling our attention to the Supreme Court’s recent decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). However, we have held that Blakely does not apply to the United States Sentencing Guidelines. United States v. Pineiro, 377 F.3d 464, 465 (5th Cir. 2004).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *435 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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