Summary Calendar UNITED STATES OF AMERICA v. Darryan Washington

* 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this opinion should not be published and is not precedent except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
May 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30990
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DARRYAN WASHINGTON
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CR-75-ALL
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Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit
Judges.
PER CURIAM:*
Darryan Washington appeals from his final order of criminal
forfeiture following his guilty plea to conspiracy to distribute
cocaine. He argues pursuant to Blakley v. Washington, 124 S. Ct.
2531 (2004), and United States v. Booker, 125 S. Ct. 738 (2005),
that he had a Sixth Amendment right to have a jury resolve the
disputed issue whether $148,000 seized by the Government was
obtained as a result of the drug conspiracy.

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No. 04-30990
-2-
The Supreme Court held in Libretti v. United States,
516 U.S. 29, 49 (1995), that “the right to a jury verdict on
forfeitability [did] not fall within the Sixth Amendment’s
constitutional protection.” Libretti has not been overruled
by Blakely or Booker. Libretti therefore controls the
constitutional issue “unless and until the Supreme Court itself
determines to overrule it.” Cf. United States v. Dabeit,
231 F.3d 979, 984 (5th Cir. 2000) (internal quotation marks and
citation omitted). Given that Washington did not have a Sixth
Amendment right to a jury trial of the disputed forfeiture issue,
the issue whether he orally waived that right is moot.
AFFIRMED.

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