Marcus Nelson Dees appeals his 60-month sentence following his guilty plea to possession of sexually explicit visual depictions of a minor, which images had been shipped and transported in interstate commerce. Dees argues that he was sentenced in contravention of United States v. *440 Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) because the sentencing enhancements under U.S.S.G. § 2G2.2(b)(1) and U.S.S.G. § 2G2.2(b)(3) were based on facts not admitted by him or found by a jury.

In the present case, the district court stated that it would sentence Dees to the same sentence (60 months in prison) in the event that the guidelines were held unconstitutional. Thus, the Government has pointed to record evidence demonstrating beyond a reasonable doubt that the federal constitutional error of which Dess complains did not contribute to the sentence that he received. See United States v. Akpan, 407 F.3d 360, 377 (5th Cir. 2005). Therefore the decision of the district court is AFFIRMED.