United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 7, 2007
Charles R. Fulbruge III
Clerk
No. 06-10782
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DUC NGUYEN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-100-3
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Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Duc Nguyen raises
arguments that are foreclosed by United States v. Austin, 432
F.3d 598, 599-600 (5th Cir. 2005), which held that the
application of the remedial opinion of United States v. Booker,
543 U.S. 220 (2005), to a sentencing hearing where the underlying
offense was committed pre-Booker does not violate constitutional
due process or ex post facto requirements. 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this opinion should not be published and is not precedent except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.