[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 03-13876 JUNE 1, 2005
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 02-00588-CR-J-NE
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY WAYNE WREN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(June 1, 2005)
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
Before ANDERSON, HULL and PRYOR, Circuit Judges.
PER CURIAM:
This appeal of Jerry Wayne Wren regarding the propriety of his conviction
and sentence for attempted possession of marijuana with the intent to distribute is
on remand from the Supreme Court of the United States for further consideration
in the light of United States v. Booker, 543 U.S. —, 125 S. Ct. 738 (2005). See
Wren v. United States, — U.S. —, 125 S. Ct. 1868 (2005). We previously
affirmed Wren’s conviction. United States v. Wren, No. 03-13876 (Dec. 16,
2004). After reconsideration, we affirm Wren’s sentence and reinstate our
previous opinion.
The decision of the Supreme Court in Booker does not change our resolution
of this appeal. In Wren’s initial brief to this Court, Wren did not make any
argument about the Apprendi/Blakely line of cases. Instead, Wren first presented
an argument regarding the Sentencing Guidelines in his petition for writ of
certiorari. Nothing in Booker or the remand order of the Supreme Court “requires
or suggests that we are obligated to consider an issue not raised in any of the briefs
that appellant has filed with us ... [or] treat the case as though the [Booker] issue
had been timely raised in this Court.” United States v. Dockery, 401 F.3d 1261,
1262 (11th Cir. 2005). We therefore, “apply our well-established rule that issues
and contentions not timely raised in the briefs are deemed abandoned,” id. at 1262-
63, and conclude that Ware abandoned any arguments he may have under Booker.
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After reconsideration, we again affirm and reinstate our previous opinion.
OPINION REINSTATED; AFFIRMED.
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