U.S. Court of Appeals for the Fifth Circuit, 2005

United States v. Mata-Ramirez

United States v. Mata-Ramirez
U.S. Court of Appeals for the Fifth Circuit · Decided November 18, 2005 · Reavley, Wiener, Benavides
154 F. App'x 425

United States v. Mata-Ramirez

Opinion

*426 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM * :

The Supreme Court has vacated our previous judgment to have the appeal reconsidered in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

We see no Booker issue. The definition of “dangerous weapon” in the supervised release condition is simply a legal question. And Apprendi remains foreclosed by Almendarez-Torres.

The conviction and sentence of the district court are AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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