ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This court affirmed the judgment of conviction and sentence of Genaro GonzalezMata. United States v. Gonzalez-Mata, 115 Fed.Appx. 258 (5th Cir. 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 de la Cruz-Gonzalez v. United States, — U.S. -, 125 S.Ct. 1995, — L.Ed.2d - (2005). We requested and received supplemental letter briefs addressing the impact of Booker.

Gonzalez-Mata 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. Gonzalez-Mata identifies no evidence in the record suggesting that the district court would have imposed a lesser sentence under an advisory guidelines system. See United States v. Mares, 402 F.3d 511, 521-22 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517). In fact, he concedes that he cannot make the necessary showing of plain error that is required by our precedent. He also cor *440 rectly acknowledges that this court has rejected the 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 Gonzalez-Mata’s conviction and sentence.

AFFIRMED.