United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 5, 2006
Charles R. Fulbruge III
Clerk
No. 06-10318
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORY HICKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CR-336-3
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Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case following a remand
for resentencing, Gregory Hicks raises arguments that are
foreclosed by United States v. Johnson, 445 F.3d 793, 797-98 (5th
Cir.), cert. denied, 126 S. Ct. 2884 (2006), which held that the
sentencing guideline range should be determined in the same
manner as before United States v. Booker, 543 U.S. 220 (2005),
even though the sentencing court is not required to sentence
within that range, and by United States v. Matthews, 312 F.3d
652, 657 (5th Cir. 2002), which held that under the law of the
*
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this opinion should not be published and is not precedent except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.
No. 06-10318
-2-
case doctrine, an issue of fact or law decided on appeal may not
be reexamined by the appellate court on a subsequent appeal. The
Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED.