United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS August 9, 2005
FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50160
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONALD KEITH CRAWFORD, SR.,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(SA-02-CR-23-1)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, JONES, and BARKSDALE, Circuit Judges.
PER CURIAM:*
This court affirmed Donald Keith Crawford’s conviction and
sentence, following a jury trial, for 11 counts of bank fraud, in
violation of 18 U.S.C. §§ 1344 and 2, and two counts of making
false statements for the purpose of influencing the action of a
financial institution, in violation of 18 U.S.C. § 1014. United
States v. Crawford, 03-50160, 2004 WL 887316 (5th Cir. 27 April
2004). The Supreme Court granted Crawford’s petition for writ of
*
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this opinion should not be published and is not precedent except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.
certiorari and for leave to proceed in forma pauperis; vacated our
previous judgment; and remanded the case for further consideration
in the light of United States v. Booker, 543 U.S. ___, 125 S. Ct.
738 (2005). Crawford v. United States, 125 S. Ct. 991 (2005).
We requested supplemental briefs from the parties addressing
the impact of Booker. Crawford filed a supplemental brief; the
Government moved to reinstate the prior affirmance of Crawford’s
conviction and sentence, or, in the alternative, for an extension
of time to file its supplemental brief. Crawford did not respond
to this motion.
Crawford did not raise Booker-error until his petition for
writ of certiorari. Absent extraordinary circumstances, we will
not consider a defendant’s Booker-related claims presented for the
first time in a petition for writ of certiorari. United States v.
Taylor, ___ F.3d ___, 2005 WL 1155245, at * 1 (5th Cir. 17 May
2005). Crawford has not demonstrated the requisite extraordinary
circumstances. Therefore,
IT IS ORDERED that Appellee’s motion to reinstate prior
affirmance of Appellant’s conviction and sentence is
GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative request for
an extension of time of 14 days from the court’s denial of the
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motion to reinstate prior affirmance of Appellant’s conviction and
sentence to file its supplemental brief is
DENIED AS MOOT.
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