United States v. Quintana-Villafuerte

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 17, 2005 Charles R. Fulbruge III Clerk No. 05-50061 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ANTONIO QUINTANA-VILLAFUERTE, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-636-1 -------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Antonio Quintana-Villafuerte raises arguments that are foreclosed by United States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517), and its progeny, which held that unpreserved claims based on United States v. Booker, 125 S. Ct. 738 (2005), are reviewed for plain error. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.