United States v. Smith

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 6, 2007 Charles R. Fulbruge III Clerk No. 06-61045 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee v. EVELYN SMITH Defendant - Appellant -------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:06-CR-74-3 -------------------- Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:* Evelyn Smith appeals the 57-month sentence she received following her guilty-plea conviction for making a counterfeit security. She asserts that the district court violated United States v. Booker, 543 U.S. 220 (2005), by using facts not admitted by Smith to enhance her sentence. Post-Booker, “[t]he sentencing judge is entitled to find by a preponderance of the evidence all the facts relevant to the determination of a Guideline sentencing range.” United States v. Mares, 402 F.3d 511, 519 (5th Cir. 2005). Smith has not shown that the No. 06-61045 -2- enhancements applied by the district court were clearly erroneous. See United States v. Lopez-Urbina, 434 F.3d 750, 767 (5th Cir. 2005); United States v. Villanueva, 408 F.3d 193, 203 n.9 (5th Cir. 2005). Consequently, the judgment of the district court is AFFIRMED.