Opinion
No. 06-11237 Conference Calendar.
May 2, 2007.
Mark L. Nichols, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
Raymond J. Rodgers, Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendants Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-62-1.
Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
Appealing the Judgment in a Criminal Case, Andrea Garay preserves for further review her contention that her sentence, based upon facts not alleged in the indictment or proven to a jury beyond a reasonable doubt, is unreasonable because this court's post- Booker rulings have effectively reinstated the mandatory Sentencing Guideline regime condemned in Booker. Garay concedes that her argument is foreclosed by United States v. Mares, 402 F.3d 511 (5th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005), and its progeny, which have outlined this court's methodology for reviewing sentences for reasonableness. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).