United States v. Owens

* 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this opinion should not be published and is not precedent except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
August 11, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41407
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KERRIC DEWAUN OWENS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-560-1
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Before BENAVIDES, DENNIS and OWEN, Circuit Judges.
PER CURIAM:*
Kerric Dewaun Owens appeals his sentence following his
guilty-plea conviction for transporting an undocumented alien
within the United States by means of a motor vehicle for private
financial gain, in violation of 8 U.S.C. § 1324. Owens argues
that his sentence violates the Sixth Amendment and United States
v. Booker, 125 S. Ct. 738 (2005), because the district court
applied a sentencing enhancement under the Sentencing Guidelines
for creating a substantial risk of death or serious bodily

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No. 04-41407
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injury. Because Owens did not raise a Booker challenge to his
sentence in the district court, his argument is reviewed for
plain error only. See United States v. Mares, 402 F.3d 511,
520-21 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005)
(No. 04-9517).
Owens makes no showing, as required by Mares, that the
district court would likely have sentenced him differently under
the Booker advisory scheme. Similarly, there is no indication
from the district court’s remarks at sentencing that the court
would have reached a different conclusion. Thus, Owens has not
met his burden to show that his substantial rights were affected,
and he has not shown plain error. See Mares, 402 F.3d at 522;
see also United States v. Bringier, 405 F.3d 310, 318 n.4 (5th
Cir. 2005).
AFFIRMED.

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