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U.S. v. MALVEAUX

No. 03-41618 Summary Calendar.

411 F.3d 558 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael MALVEAUX, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 2005.

Attorney(s) appearing for the Case

Robert L. Rawls, John B. Stevens, Jr., Asst. U.S. Attys., Beaumont, TX, for U.S.

Denise S. Benson, Amy R. Blalock, Asst. Fed. Pub. Defenders, Tyler, TX, for Malveaux.

Before HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:

Michael Malveaux contends that his Sixth Amendment rights were violated under United States v. Booker1 because the district court sentenced him under a mandatory Sentencing Guidelines regime, and enhanced his sentence based on facts not admitted by him or found by a jury. We find that Malveaux is not entitled to resentencing.

Malveaux pleaded guilty to being a felon...

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