Appealing the Judgment in a Criminal Case, Kraig Stephens raises arguments that are foreclosed by United States v. Cortez, 413 F.3d 502, 503 (5th Cir.), cert. denied, — U.S.-, 126 S.Ct. 502, 163 L.Ed.2d 365 (2005), which held that the defendant’s appeal waiver barred a claim that the sentence exceeded the statutory maximum as that term was defined in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and by United States v. Scroggins, 411 F.3d 572, 575-76 (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, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (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.