United States v. Washington
United States v. Washington
Opinion of the Court
After we affirmed the judgment of conviction and sentence of Kenny Washington, the Supreme Court decided United States v. Booker
Washington argues that he preserved a Booker challenge by objecting to the sentencing enhancements and that, therefore, it is the Government’s burden to show that the error was harmless. Alternatively, he argues that if the error was not preserved and the plain-error standard of review applies, he prevails under that standard.
Washington’s objections were to sufficient to preserve his Booker claim.
The Government has pointed to no evidence to show that the district court would have imposed the same sentence absent the sentencing error.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
. See United States v. Akpan, 407 F.3d 360, 375-76 (5th Cir. 2005).
. United States v. Pineiro, 410 F.3d 282, 286 (5th Cir. 2005).
. Id.
. See id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.