United States v. Gomez-Morales

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 27, 2005
• Docket: 03-41665
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 27, 2005

Charles R. Fulbruge III Clerk No. 03-41665 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEONARDO GOMEZ-MORALES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas (03-CR-484) --------------------

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.

PER CURIAM:*

The Supreme Court has vacated the former judgment and

remanded for further consideration in light of United States v.

Booker, 125 S.Ct. 738 (2005). Because the sentence was correctly

imposed under the opinions of the Supreme Court cited in our

opinion, and because we find no Booker error, the judgment of the

district court is again

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.