[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 04-11715 June 8, 2005
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D.C. Docket No. 03-00196-CR-J-25HTS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY BANKS,
Defendant-Appellant.
__________________________
Appeal from the United States District Court for the
Middle District of Florida
_________________________
(June 8, 2005)
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
Before BLACK, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
Larry Banks was convicted of possession of firearms by a convicted felon,
in violation of 18 U.S.C. § 922(g)(1), and sentenced as an armed career criminal
under U.S.S.G. § 4B1.4 and 18 U.S.C. § 924(e). On November 16, 2004, we
affirmed his conviction and sentence. Notably, Banks did not challenge the
constitutionality of his sentence under Blakely v. Washington, 542 U.S. –, 124
S.Ct. 2531, 159 L.Ed.2d 403 (2004) before the district court or this court. Nor did
he move for rehearing. The Supreme Court granted certiorari, vacated our opinion
and remanded the case to us for reconsideration in light of United States v.
Booker, 543 U.S. –, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
Because Banks did not raise a constitutional challenge to his sentence
before the district court or this court, any possible claim based on the Supreme
Court=s recent decisions in Booker and Blakely has been abandoned. See United
States v. Dockery, 401 F.3d 1261, 1262-63 (11th Cir. 2005) (holding that
appellant abandoned his Booker claim on appeal by not raising a timely
constitutional challenge to his sentence in his initial brief).
Accordingly, we AFFIRM.
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