United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 23, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20496
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRIAN RHETT MARTIN,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-561-1
Before HIGGINBOTHAM, GARZA, and PRADO, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
PER CURIAM:*
The district court revoked Brian Rhett Martin’s supervised
release term and sentenced him to eighteen months of imprisonment
to be followed by an eighteen-month term of supervised release. We
affirmed. See United States v. Martin, 87 Fed. Appx. 392 (5th Cir.
Feb. 18, 2004). On January 24, 2005, the Supreme Court vacated our
judgment and remanded to us for further consideration in light 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opinion should not be published and is not precedent except under the limited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.
United States v. Booker, 125 S. Ct. 738 (2005). See Newsome v.
United States, 125 S. Ct. 1112 (2005) (consolidated petition
including Martin). Martin does not now press a Booker claim,
conceding that Booker has no impact on this appeal.
We reinstate our prior judgment affirming Martin’s sentence.
AFFIRMED.
2