United States v. Robinson

U.S. Court of Appeals for the Fifth Circuit
United States v. Robinson, 115 F. App'x 259 (5th Cir. 2004)

United States v. Robinson

Opinion

PER CURIAM: *

Preston Joseph Robinson pleaded guilty pursuant to a written plea agreement to possession with intent to distribute five grams or more but less than 50 grams of cocaine base. He was sentenced to 110 months of imprisonment, four years of supervised release, and a $100 special assessment.

Robinson argues for the first time on appeal that the district court erred by *260 including, pursuant to the relevant conduct provision of U.S.S.G. § lB1.3(a)(2), an additional 15.4 grams of cocaine base in the calculation of his base offense level because the finding of the additional drug amount was made by the district court and was not made by a jury or admitted by Robinson. He contends that, in light of the Supreme Court’s decision in Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the use of the court’s finding of the additional drug amount in the determination of his sentence violates the Fifth and Sixth Amendments. As Robinson acknowledges, this issue is foreclosed. See United States v. Pineiro, 377 F.3d 464, 473 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Preston Joseph ROBINSON, Defendant-Appellant
Cited By
3 cases
Status
Unpublished