Cooney then sought review in the United States Supreme Court, which remanded the case for consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Cooney v. United States, 543 U.S. 1099, 125 S.Ct. 1049, 160 L.Ed.2d 993 (2005). On June 1, 2006, the district court again sentenced Cooney.