United States v. Cedillo

¶1 Following a jury trial, Juan Alberto Cedillo was convicted of one charge of simple possession of cocaine and one charge of importation of cocaine. The district court sentenced him to serve 12 months in prison on the possession count to run concurrently with 70 months in prison on the importation count. This court affirmed his conviction but remanded for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). On remand, the district court reimposed the sentence that it had initially given Cedillo. Cedillo now appeals that sentence. Cedillo argues that the district court erred by basing his sentence on its own factual findings, which were made under the preponderance of the evidence standard. This argument is unavailing. The district court committed no error by sentencing Cedillo in accordance with its own factual findings. See United States v. Valdez, 453 F.3d 252, 264 (5th Cir.2006); see also United States v. Betancourt, 422 F.3d 240, 246 (5th Cir.2005). The judgment of the district court is AFFIRMED.