United States v. Mitchell

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 4, 2007
Charles R. Fulbruge III
Clerk
No. 05-50219
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHELLE MITCHELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:00-CR-39-2
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges
PER CURIAM:*
Michelle Mitchell appeals the 24-month sentence she received
following the revocation of her supervised release. She contends
that the district court erred in calculating the applicable
recommended sentencing range because it classified her release
violation as a Grade A violation rather than a Grade B violation.
The Government does not contest Mitchell’s assertion that hers
was a Grade B violation. Instead, the Government asserts that
the error did not amount to reversible plain error.
*
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this opinion should not be published and is not precedent except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. 05-50219
-2-
We agree. Although Mitchell has demonstrated obvious error
based on the guidelines miscalculation, she has failed to
demonstrate that the error affected her substantial rights. Cf.
United States v. Olano, 507 U.S. 725, 731-37 (1993). The
sentence imposed fell within the two-year statutory maximum
authorized upon revocation, and Mitchell has not shown that the
district court would have imposed a lesser sentence but for the
guidelines miscalculation. See id.; see also 18 U.S.C. §§ 472,
3559(a), 3583(e)(3).
AFFIRMED.