United States v. Bradshaw

* 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this opinion should not be published and is not precedent except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
June 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41046
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRODERICK BRADSHAW,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:03-CR-58-ALL
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Broderick Bradshaw appeals his sentence imposed following
his guilty plea to use of a communication facility in committing
a drug offense. He was sentenced to 34 months of imprisonment
and one year of supervised release. Bradshaw argues for the
first time on appeal and pursuant to Blakely v. Washington, 124
S. Ct. 2531 (2004), and United States v. Booker, 125 S. Ct. 738
(2005), that his sentence is illegal.

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No. 04-41046
-2-
Bradshaw has not established plain error with regard to his
Blakely and Booker claim because he has not established that
being sentenced under a mandatory Guidelines scheme affected his
substantial rights. The record does not indicate that the
district court “would have reached a significantly different
result” under a sentencing scheme in which the Guidelines
were advisory only. See United States v. Mares, 402 F.3d 511,
520-22 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005)
(No. 04-9517). Accordingly, the district court’s judgment is
AFFIRMED.

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