United States v. Tucker

* 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this opinion should not be published and is not precedent except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
March 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60188
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC TUCKER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:03-CR-136-1
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Eric Tucker pleaded guilty to accessory after the fact of
armed robbery and was sentenced to serve 46 months in prison and
a three-year term of supervised release. Tucker now appeals his
sentence. He contends that the district court misapplied the
Sentencing Guidelines and that his sentence is contrary to United
States v. Booker, 543 U.S. 220 (2005). These arguments are
unavailing. See United States v. Alonzo, 435 F.3d 551 (5th Cir.
2006); United States v. Mares, 402 F.3d 511, 520 (5th Cir.),

-- 1 of 2 --

No. 05-60188
-2-
cert. denied, 126 S. Ct. 43 (2005); United States v. Burton,
126 F.3d 666, 669, 679 (5th Cir. 1997); United States v. Harris,
104 F.3d 1465, 1474-75 (5th Cir. 1997). The judgment of the
district court is AFFIRMED.

-- 2 of 2 --