United States v. Travis

* 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this opinion should not be published and is not precedent except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
December 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30641
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHASITY TRAVIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:04-CR-50017-ALL
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Chasity Travis appeals his sentence following his guilty-
plea conviction for infringement of copyrighted works having a
retail value of $2,500 or more. Travis argues for the first time
on appeal that, in light of United States v. Booker, 125 S. Ct.
738 (2005), his sentence is invalid because the district court
applied the Sentencing Guidelines as if they were mandatory.
As Travis concedes, our review is for plain error. See
United States v. Mares, 402 F.3d 511, 513 (5th Cir.), cert.
denied, 126 S. Ct. 43 (2005). Here, the district court erred by

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No. 04-30641
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imposing a sentence pursuant to a mandatory application of the
Sentencing Guidelines. See Booker, 125 S. Ct. at 768; see also
Mares, 402 F.3d at 520-21 & n.9. However, Travis cannot
establish that this error affected his substantial rights. The
record does not establish that the sentencing court would have
imposed a different sentence had it been proceeding under an
advisory guideline scheme. In the absence of a showing that his
sentence likely would have been different, Travis cannot
establish plain error, and his Booker argument fails. See United
States v. Valenzuela-Quevedo, 407 F.3d 728, 733 (5th Cir.), cert.
denied, 126 S. Ct. 267 (2005).
AFFIRMED.

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