United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 2, 2007
Charles R. Fulbruge III
Clerk
No. 06-10911
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TOM CURTIS JOHNSON, III,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-40-1
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Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Tom Curtis
Johnson, III, preserves for further review his contention that
his sentence is unreasonable because this court’s post-Booker**
rulings have effectively reinstated the mandatory Sentencing
Guideline regime condemned in Booker. Johnson concedes that his
argument is foreclosed by United States v. Mares, 402 F.3d 511
(5th Cir.), cert. denied, 126 S. Ct. 43 (2005), and its progeny,
which have outlined this court’s methodology for reviewing
*
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this opinion should not be published and is not precedent except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.
**
United States v. Booker, 543 U.S. 220 (2005).
No. 06-10911
-2-
sentences for reasonableness. The Government’s motion for
summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.