United States v. Yearwood

* 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this opinion should not be published and is not precedent except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 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11341
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHANTEL YEARWOOD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:04-CR-39-2
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Chantel Yearwood appeals the sentence imposed following her
guilty-plea conviction for possession with the intent to
distribute 17.744 kilograms of phencyclidine, in violation of
21 U.S.C. § 841(a)(1) and (b)(1)(A). Yearwood argues that, in
light of United States v. Booker, 125 S. Ct. 738 (2005), the
district court erred in imposing a sentence utilizing the
Sentencing Guidelines as mandatory. We review for plain error.

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No. 04-11341
-2-
See United States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005),
petition for cert. filed (Mar. 31, 2005) (No. 04-9517).
Application of the Guidelines as mandatory, even absent a
Sixth Amendment violation as is the case here, is plain or
obvious error after Booker. See United States v. Valenzuela-
Quevedo, 407 F.3d 728, 733 (5th Cir. 2005), petition for cert.
filed (July 25, 2005) (No. 05-5556). However, Yearwood cannot
show that the error affected her substantial rights because the
record does not indicate that the district court would have
imposed a lower sentence under an advisory, rather than a
mandatory, Guidelines scheme. See id.
AFFIRMED.

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