Appealing the Judgment in a Criminal Case, Fabian Martinez raises arguments that are foreclosed by United States v. Austin, 432 F.3d 598, 599-600 (5th Cir. 2005), which held that the application of the remedial opinion of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to a sentencing hearing where the underlying offense was committed pre-Booker does not violate constitutional due process or ex post facto requirements. In light of the foregoing, we assume, arguendo only, that the appeal waiver does not bar the instant appeal. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.