United States v. Chavez

*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should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 21, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
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(Aug. 19, 2004) (unpublished).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

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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.

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