ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This court affirmed the judgment of conviction and sentence of Francisco Jose Torres-Vasquez. United States v. Torres-Vasquez, No. 03-40835 (5th Cir. Feb. 18, 2004). 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). See Salas v. United States, — U.S. -, 125 S.Ct. 1111, 160 L.Ed.2d 991 (2005). We requested and received supplemental letter briefs addressing the impact of Booker.

Torres-Vasquez argues that he is entitled to resentencing because the district court sentenced him under a mandatory application of the United States Sentencing Guidelines prohibited by Booker. This court will not consider a Booker-related challenge raised for the first time in a petition for certiorari absent extraordinary *637 circumstances. United States v. Taylor, 409 F.3d 675, 676 (5th Cir. 2005).

Torres-Vasquez cannot make the necessary showing of plain error that is required by our precedent in United States v. Mares, 402 F.3d 511, 520 n. 9 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517). Torres-Vasquez has also failed to meet the much more demanding standard for extraordinary circumstances warranting review of an issue raised for the first time in a petition for certiorari. See Taylor, 409 F.3d at 677. Moreover, this court has rejected his argument that a Booker error is a structural error or that such error is presumed to be prejudicial. See Mares, 402 F.3d at 520-22; see also United States v. Malveaux, 411 F.3d 558, 560 n. 9 (5th Cir. 2005), petition for cert. filed (July 11, 2005) (No. 05-5297).

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-Vasquez’s conviction and sentence.

AFFIRMED.