United States v. Chavez

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 21, 2005

_______________________ Charles R. Fulbruge III Clerk No. 03-41578 Summary Calendar _______________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

SERGIO CHAVEZ,

Defendant-Appellant. _________________________________________________________________

On Appeal from the United States District Court for the Southern District of Texas (C-03-CR-196-1) _________________________________________________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JONES and SMITH, Circuit Judges.*

PER CURIAM:**

This court affirmed the judgment of conviction and

sentence of Sergio Chavez. United States v. Chavez, No. 03-41578

(Aug. 19, 2004) (unpublished). The Supreme Court vacated and

remanded for further consideration in light of United States v.

Booker, 125 S. Ct. 738 (2005). See Chavez v. United States, 125 S.

Ct. 1075 (2005). We requested and received supplemental letter

* Due to his death on Sept. 14, 2004, Judge Reynaldo G. Garza did not participate in this decision. The case is being decided by a quorum. 28 U.S.C. § 46(d). ** 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. briefs addressing the impact of Booker. Chavez admits that Booker

has no impact on our decision in his case. Accordingly, we adhere

to our prior determination and reinstate our judgment AFFIRMING

Chavez’s conviction and sentence.

AFFIRMED.