United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005

Charles R. Fulbruge III Clerk No. 05-10654 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANITA YVONNE CLINKINBEARD,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:04-CR-37-ALL --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Anita Yvonne

Clinkinbeard 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 Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.