USA v. Lugo

Filing 920060413

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
April 13, 2006 Charles R. Fulbruge III Clerk

No. 05-40699 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARMANDO LUGO, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 2:03-CR-204-ALL -------------------Before Barksdale, Stewart, and Clement, Circuit Judges. PER CURIAM:* Armando Lugo appeals his sentence following a guilty plea to possession of cocaine with intent to distribute. Lugo challenges

a sentence enhancement for obstruction of justice based on the sentencing court's finding that Lugo testified falsely at a suppression hearing. Disagreeing with Lugo's contention that he

preserved this argument in the district court, we review the claim for plain error and find none. United States v. Holmes,

406 F.3d 337, 362 (5th Cir.), cert. denied, 126 S. Ct. 375

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40699 -2(2005); United States v. Mares, 402 F.3d 511, 520-21 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). Lugo correctly points out that the district court plainly erred in sentencing him under a mandatory guideline system; however, he has failed to show that his sentence would have been "significantly different" if he had been sentenced "under an advisory scheme rather than a mandatory one." 521. Mares, 402 F.3d at United

Accordingly, we affirm the conviction and sentence.

States v. Villaneuva, 408 F.3d 193, 203 (5th Cir.), cert. denied, 126 S. Ct. 268 (2005). AFFIRMED.