United States v. Sonnier ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 25, 2006
Charles R. Fulbruge III
Clerk
No. 05-30787
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SARAH DARLENE SONNIER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:03-CR-20062-1
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Sarah Darlene Sonnier, federal prisoner # 11903-035, pleaded
guilty to interstate travel in aid of unlawful activity and was
sentenced to 57 months of imprisonment and two years of
supervised release. She appeals the district court’s denial of
the 28 U.S.C. § 2255 motion challenging her sentence. The
district court granted a certificate of appealability. Sonnier
argues that her sentence was imposed in violation of United
States v. Booker, 543 U.S. 220 (2005), and that Booker applies
retroactively on collateral review. Sonnier concedes that her
*
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this opinion should not be published and is not precedent except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. 05-30787
-2-
argument is foreclosed by circuit precedent, but raises it to
preserve further review. In United States v. Gentry, 432 F.3d
600, 604 (5th Cir. 2005), we held that Booker is not
retroactively applicable to initial § 2255 motions.
AFFIRMED.