United States v. Ruano

* 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this opinion should not be published and is not precedent except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
October 31, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40871
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISABEL RUANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-238-1
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Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Isabel Ruano appeals from the sentence imposed following her
guilty plea to transporting illegal aliens for commercial gain.
She argues that she was sentenced in contravention to United
States v. Booker, 125 S. Ct. 738 (2005), when her sentence was
enhanced pursuant to U.S.S.G. § 2L1.1(5) (2003) and by virtue of
the fact that she was sentenced pursuant to the mandatory
Sentencing Guidelines regime.

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No. 04-40871
-2-
The district court, however, opined that if the Guidelines
were held unconstitutional, it would impose the same sentence.
Therefore, the Government has carried its burden of establishing
that the sentencing errors suffered by Ruano were harmless beyond
a reasonable doubt. United States v. Walters, 418 F.3d 461, 464
(5th Cir. 2005); United States v. Akpan, 407 F.3d 360, 376 (5th
Cir. 2005).
AFFIRMED.

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