ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This court affirmed the judgment of conviction and sentence of Armando Torres-Avila (Torres); the Supreme Court vacated and remanded for further consideration in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). United States v. Torres-Avila, 115 Fed.Appx. 289 (5th Cir. 2004) (unpublished); vacated by sub nom. de la Cruz-Gonzalez v. United States, — U.S. -, 125 S.Ct. 1995, — L.Ed.2d - (2005).

Torres argues that the district court erred by imposing a sentence pursuant to the mandatory federal sentencing guideline system that was held unconstitutional in Booker. Torres fails to meet his burden of showing that the district court’s sentence under guidelines it deemed mandatory affected his substantial rights such that his sentence amounts to plain error. United States v. Valenzuela-Quevedo, 407 F.3d 728, 733 (5th Cir. 2005).

Because nothing in the Supreme Court’s Booker decision requires us to change our prior affirmance in this case, we reinstate our judgment affirming Torres’s conviction and sentence.

AFFIRMED.