United States Court of Appeals
                             FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-1376
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Eastern District of Arkansas.
Frankie Allen Whaley, Jr.,               *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: November 25, 2005
                                 Filed: December 6, 2005
                                  ___________

Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
                           ___________

PER CURIAM.

       Frankie Whaley appeals the 96-month sentence the district court1 imposed after
he pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C.
§ 922(g)(1). Citing United States v. Booker, 

(2005), Whaley argues that
the district court effectively treated the Sentencing Guidelines as mandatory by
imposing a sentence within the calculated Guidelines range, and that the court violated
the Sixth Amendment by enhancing his sentence based on judge-found facts as to his
prior convictions.

      1
       The Honorable George Howard, Jr., United States District Judge for the
Eastern District of Arkansas.
       We have already rejected a similar Sixth Amendment challenge, see United
States v. Torres-Alvarado, 

(8th Cir. 2005), and we conclude there was
no Booker error because the district court calculated the Guidelines sentencing range
properly, treated the Guidelines as advisory, and imposed a sentence that was not
unreasonable, see United States v. Pirani, 

, 551 (8th Cir.) (en banc), cert.
denied, 

(2005). Accordingly, we affirm.
                       ______________________________




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