United States v. Nguyen

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. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-100-3 -------------------- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.