Opinion
No. 06-61045 Summary Calendar.
June 6, 2007.
Paul David Roberts, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Mississippi, Oxford, MS, for Plaintiff-Appellee.
Thomas Constantine Levidiotis, Oxford, MS, for 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.
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, 125 S.Ct. 738, 160 L.Ed.2d 621 (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 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.