United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2005

Charles R. Fulbruge III Clerk No. 05-50398 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GEORGE LAWRENCE ANDREWS, also known as Larry Andrews,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:02-CR-258-2 --------------------

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, George Lawrence

Andrews raises arguments that are foreclosed by United States v.

Scroggins,

(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,

(2005), when resentencing defendants in light of Booker. The

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-50398 -2-

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.