United States v. Eubanks

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-10937
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES EUBANKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:93-CR-42-7-A
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Charles Eubanks has appealed the district court’s judgment
revoking his supervised release and imposing a 24-month term of
imprisonment. Eubanks contends that his rights to grand jury
indictment and a jury trial were violated, in light of Blakely v.
Washington, 542 U.S. 296 (2004), and United States v. Booker, 543
U.S. 220, 125 S. Ct. 738 (2005). He complains that the total
sentence imposed by the district court exceeded the sentence he
could have received under the Sentencing Guidelines for the

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No. 04-10937
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offense of conviction and that the additional sentence was
imposed on the basis of facts found by the district court by a
preponderance of the evidence instead of by a jury beyond a
reasonable doubt. These issues are without merit. See United
States v. Hinson, 429 F.3d 114, 116–19 (5th Cir. 2005); see also
Booker, 125 S. Ct. at 764. The sentence was not imposed in
violation of law and was neither unreasonable nor plainly
unreasonable under the facts of this case. See Hinson, 429 F.3d
at 119–20; see also 18 U.S.C. §§ 3559(a)(3) & 3583(e)(3).
AFFIRMED.

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