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

IT IS ORDERED that Plaintiff-Appellee’s motion to reinstate prior affirmance of Defendant-Appellant’s conviction in lieu of filing supplemental Booker brief is GRANTED. Defendant-Appellant Oscar Gomez-Trujillo raised a Booker issue for the first time in his petition for certiorari. Thus, as he recognizes, we will not consider his challenge absent extraordinary circumstances. Because Gomez-Trujillo cannot meet the plain-error test, he necessarily fails to meet the much more demanding standard for “extraordinary circumstances.” United States v. Rodriguez-Gutierrez, 428 F.3d 201 (5th Cir. 2005). Gomez-Trujillo’s conviction and sentence are AFFIRMED.

IT IS FURTHER ORDERED that Plaintiff-Appellee’s alternative motion to extend time to file Plaintiff-Appellee’s supplemental brief until 14 days after denial of motion to reinstate prior affirmance is DENIED as moot.