United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 31, 2005

Charles R. Fulbruge III Clerk No. 04-40871 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISABEL RUANO,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-238-1 --------------------

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

Isabel Ruano appeals from the sentence imposed following her

guilty plea to transporting illegal aliens for commercial gain.

She argues that she was sentenced in contravention to United

States v. Booker,

(2005), when her sentence was

enhanced pursuant to U.S.S.G. § 2L1.1(5) (2003) and by virtue of

the fact that she was sentenced pursuant to the mandatory

Sentencing Guidelines regime.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-40871 -2-

The district court, however, opined that if the Guidelines

were held unconstitutional, it would impose the same sentence.

Therefore, the Government has carried its burden of establishing

that the sentencing errors suffered by Ruano were harmless beyond

a reasonable doubt. United States v. Walters,

(5th Cir. 2005); United States v. Akpan,

(5th

Cir. 2005).

AFFIRMED.