[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 30, 2005
No. 03-15448
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________
D.C. Docket No. 02-10037-CR-JLK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABED ELHAKIM HIGASSI,
a.k.a. Samuel Moshe Agassi,
Abdel Hakim Heggassi,
Defendant-Appellant.
__________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(June 30, 2005)
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
Before ANDERSON, DUBINA and BARKETT, Circuit Judges.
PER CURIAM:
Appellant Abed Elhakim Higassi appeals his conviction and sentence for
illegal re-entry into the United States, in violation of 8 U.S.C. § 1326(a) and
(b)(2). We previously affirmed Appellant’s conviction and sentence. See United
States v. Higassi, 126 Fed. Appx. 462 (11th Cir. 2004). The Supreme Court
vacated our prior decision and remanded the case to us for further consideration in
light of United States v. Booker, 125 S. Ct. 738 (2005). However, Appellant did
not raise any Apprendi/Blakely/Booker issue to this court in his initial brief. He
did attempt to raise such an issue in a supplemental brief, but we denied him
permission to do so. Appellant’s failure to raise the issue in his initial brief bars
him from doing so now, and the instructions in the Supreme Court’s remand order
do not compel a different conclusion. See United States v. Sears, __F.3d__, No.
03-16550, 2005 WL 1334892, at *1 (11th Cir. June 8, 2005); accord United States
v. Dockery, 401 F.3d 1261, 1262-63 (11th Cir. 2005) .
Accordingly, we reinstate our previous opinion in this case and affirm, once
again, Appellant’s conviction and sentence after our consideration in light of
Booker, pursuant to the Supreme Court’s mandate.
AFFIRMED.
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