United States v. Jones

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 04-50984
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DOUGLAS CHRISTOPHER JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:04-CR-69-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Douglas Christopher Jones appeals the sentence he received
after he pleaded guilty to possession of more than five grams of
cocaine base with intent to distribute and the intentional use of
a minor to avoid detection. Because Jones fails to show that he
would have received a different sentence under Guidelines that
were only advisory, he fails to establish plain error under
United States v. Booker, 125 S. Ct. 738 (2005). See United
States v. Valenzuela-Quevedo, 407 F.3d 732, 733-34 (5th Cir.
*
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this opinion should not be published and is not precedent except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. 04-50984
-2-
2005), petition for cert. filed (July 25, 2005) (No. 05-5556).
Further, given that Jones twice tested positive for drug use
subsequent to his arrest, he fails to show that the district
court clearly erred when it denied an adjustment for acceptance
of responsibility. See United States v. Villaneuva,
408 F.3d 193, 203 & n.9, (5th Cir. 2005), petition for cert.
filed (July 26, 2005) (No. 05-5580); United States v. Flucas, 99
F.3d 177, 180 (5th Cir. 1996); U.S.S.G. § 3E1.1, comment.
(nn.1(B), 3, and 5).
AFFIRMED.