United States v. Haisler

* 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opinion should not be published and is not precedent except under the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
November 3, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50132
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NELSON LEE HAISLER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
No. 6:04-CR-149-1
--------------------
Before SMITH, GARZA, AND PRADO, Circuit Judges.
PER CURIAM:*
Nelson Haisler appeals his 151-month sentence following his
guilty-plea conviction of attempting to manufacture methamphetamine
within 1000 feet of a school. Haisler argues that the sentence is
unreasonable under United States v. Booker, 125 S. Ct. 738, 756
(2005). He assigns no error in the guidelines computations. He is
effectively arguing that the district court erred by sentencing him

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No. 05-50132
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pursuant to the mandatory sentencing guidelines regime at the time
of sentencing rather than considering the guidelines as only on
factor in determining his sentence. Because Haisler is raising
this issue for the first time on appeal, plain error is the stan-
dard of review. See United States v. Malveaux, 411 F.3d 558, 560
n.9 (5th Cir. 2005), cert. denied, 2005 U.S. LEXIS 6485 (U.S.
Oct. 3, 2005).
The district court committed error that is plain when it sen-
tenced Haisler under a mandatory sentencing guidelines regime. See
United States v. Valenzuela-Quevedo, 407 F.3d 728, 733 (5th Cir.
2005), cert. denied, 2005 U.S. LEXIS 6700 (U.S. Oct. 3, 2005);
United States v. Martinez-Lugo, 411 F.3d 597, 601 (5th Cir. 2005),
cert. denied, 2005 U.S. LEXIS 7577 (U.S. Oct. 11, 2005). Haisler
fails to meet his burden of showing that the error affected his
substantial rights. See Valenzeuela-Quevedo, 407 F.3d at 733-34;
United States v. Mares, 402 F.3d 511, 521 (5th Cir. 2005), cert.
denied, 2005 U.S. LEXIS 6132 (U.S. Oct. 3, 2005); see also United
States v. Bringier, 405 F.3d 310, 317 n.4 (5th Cir. 2005), cert.
denied, 2005 U.S. LEXIS 6686 (U.S. Oct. 3, 2005).
AFFIRMED.

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