United States v. Johnson

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30071
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VERONA L. JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CR-50050-ALL
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Verona L. Johnson appeals her resentencing for possession of
a firearm by a convicted felon. Johnson argues that she should
not have received a two-level increase in her offense level under
the Sentencing Guidelines for obstruction of justice.
The district court’s factual finding of obstruction of
justice is plausible in light of the record as a whole.
Therefore, the obstruction finding was not clearly erroneous.
See U.S.S.G. § 3C1.1; United States v. Johnson, 352 F.3d 146,
United States Court of Appeals
Fifth Circuit
F I L E D
August 17, 2004
Charles R. Fulbruge III
Clerk

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No. 04-30071
-2-
147-48 (5th Cir. 2003); United States v. Storm, 36 F.3d 1289,
1295 (5th Cir. 1994).
Johnson has filed a letter pursuant to FED. R. APP. P. 28(j)
calling our attention to the Supreme Court’s recent decision in
Blakely v. Washington, 124 S. Ct. 2531 (2004). However, we have
held that Blakely does not apply to the United States Sentencing
Guidelines. United States v. Pineiro, No. 03-30437, 2004 WL
1543170, at *1 (5th Cir. July 12, 2004).
AFFIRMED.

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