No. 07-50786 Conference Calendar.United States Court of Appeals, Fifth Circuit.
June 19, 2008.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Page 196
Ray Ray Velarde, El Paso, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 3:04-CR-2653-5.
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:[*]
Ambrosio Gutierrez Gomez (Gutierrez) appeals the sentence imposed following his conviction for conspiracy to launder monetary instruments. Gutierrez argues that the sentence violated the Sixth Amendment unde United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621
(2005), because the advisory guidelines range was based upon money laundering transactions that were not admitted by him or proven beyond a reasonable doubt.
Sentencing in this case was held two and a half years after Booker was decided, and the district court clearly indicated that it knew that the Guidelines were advisory. By rendering the Sentencing Guidelines advisory only, Booker eliminated the Sixth Amendment concerns that prohibited a sentencing judge from finding all facts relevant to sentencing. United States v. Mares, 402 F.3d 511, 519 (5th Cir. 2005). Post-Booker, “[t]he sentencing judge is entitled to find by a preponderance of the evidence all the facts relevant to the determination of a Guideline sentencing range and all facts relevant to the determination of a non-Guidelines sentence.” Id.; see United States v. Johnson, 445 F.3d 793, 798 (5th Cir. 2006). Gutierrez has not shown that the sentence violated the Sixth Amendment.
AFFIRMED.