USA v. Gonzalez

Filing 920060206

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 6, 2006 Charles R. Fulbruge III Clerk No. 05-40424 c/w 05-40448 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee v. RAUL ALFREDO GONZALEZ Defendant - Appellant -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:00-CR-553-2 -------------------Before KING, DeMOSS and PRADO, Circuit Judges. PER CURIAM:* Raul Alfredo Gonzalez appeals the 18-month sentence imposed upon revocation of the supervised release term imposed when he was sentenced on his escape conviction. He argues that the

18-month sentence exceeds the statutory maximum under United States v. Booker, 125 S. Ct. 738 (2005), Blakely v. Washington, 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40424 c/w 05-40448 -2Booker left intact the statutory provisions governing supervised release. 18 (5th Cir. 2005). United States v. Hinson, 429 F.3d 114, 117The principles of Apprendi and Blakely, as

developed in Booker, do not apply to revocations of supervised release. See id. at 118-19. Gonzalez's 18-month sentence was

neither unreasonable nor plainly unreasonable, as it did not exceed the statutory maximum term of imprisonment of two years. See id. at 120; 18 U.S.C. § 3583(e)(3). AFFIRMED.