Full text
*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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United States Court of Appeals
Fifth Circuit
F I L E D
November 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-21010
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS EDUARDO MATA-RAMIREZ,
Defendant-Appellant.
Appeal from the United States District Court for
the Southern District of Texas
(USDC No. 4:03-CR-226-ALL)
_________________________________________________________
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM*:
The Supreme Court has vacated our previous judgment to have the appeal reconsidered in
light of United States v. Booker, 543 U.S. ___ (2005).
We see no Booker issue. The definition of “dangerous weapon” in the supervised release
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condition is simply a legal question. And Apprendi remains foreclosed by Almendarez-Torres.
The conviction and sentence of the district court are AFFIRMED.
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