U.S. v. Smelosky

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Nancy Gutierrez SMELOSKY…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 7, 2007

221 F. App'x 363 (5th Cir. 2007)

Opinion

No. 06-10942 Conference Calendar.

March 7, 2007.

Bret E. Helmer, U.S. Attorney's Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Federal Public Defender's Office Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:04-CR-39-ALL.

Before KING, WIENER, and OWEN, Circuit Judges.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Appealing the Judgment in a Criminal Case, Nancy Gutierrez Smelosky raises arguments that are foreclosed by United States v. Scroggins, 411 F.3d 572, 576-77 (5th Cir. 2005), which held that the Due Process Clause does not bar the application of Justice Breyer's remedy opinion in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when resentencing defendants in light of Booker.The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.