United States v. Bautista-Sanchez

151 F. App'x 326

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 17, 2005
• Docket: 03-41526
• Status: Unpublished

Opinion

PER CURIAM: *

Paulino Bautista-Sanchez pleaded guilty and was convicted of illegal reentry following deportation in violation of 8 U.S.C. § 1326. Pursuant to his guilty-plea conviction, the district court sentenced Bautis-ta-Sanchez to sixty-eight months of imprisonment and three years of supervised release. This Court affirmed Bautista-Sanchez’s judgment of conviction. United States v. Bautista-Sanchez, 116 F. App’x. 512 (5th Cir.2004). Bautista-Sanchez filed a petition for a writ of certiorari. The Supreme Court granted Bautista-Sanchez’s petition, vacated this Court’s judgment, and remanded the case for consideration in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Bautista-Sanchez v. United States, — U.S.-, 125 S.Ct. 1715, 161 L.Ed.2d 521 (2005). Bautista-Sanchez does not now press a Booker claim, conceding that Booker has no impact on this appeal.

We reinstate our prior judgment affirming Bautista-Sanchez’s sentence.

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.