United States v. Lambeth

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 20, 2006
Charles R. Fulbruge III
Clerk
No. 05-10185
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBIE RAY LAMBETH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CR-422-2
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Bobbie Ray Lambeth appeals the sentence he received after he
pleaded guilty to mail fraud. The Government does not argue that
Lambeth’s appeal waiver precludes his appeal; it has, therefore,
waived any such argument. See United States v. Lang, 440 F.3d
212, 213 (5th Cir. 2006).
Lambeth argues that his sentence must be vacated under
United States v. Booker, 543 U.S. 220 (2005), because the
district court’s application of the Guidelines to determine the
loss amount and its increase in his offense level for his role in
*
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this opinion should not be published and is not precedent except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. 05-10185
-2-
the offense resulted in a sentence that exceeded the sentence
authorized by the facts which he admitted. Lambeth also argues
that application of the remedial portion of Booker, whereby the
district court increased his sentence based on facts not alleged
in the indictment or admitted by him by a preponderance of the
evidence, violated his due process rights. This court recently
squarely rejected the arguments that Lambeth makes. See United
States v. Johnson, 445 F.3d 793, 798 (5th Cir. 2006) (citing
United States v. Mares, 402 F.3d 511, 518 (5th Cir.), cert.
denied, 126 S. Ct. 43 (2005)).
Accordingly, Lambeth’s sentence is AFFIRMED.