United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 16, 2007
Charles R. Fulbruge III
No. 06-41117 Clerk
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ENRIQUE MORENO SANCHEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
No. 2:02-CR-239-ALL
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Enrique Sanchez appeals the sentence imposed at resentencing
for his conviction of being a felon in possession of a firearm.
This court previously vacated Sanchez’s sentence and ordered resen-
tencing in light of United States v. Booker, 543 U.S. 220 (2005).
Sanchez contends that the evidence is legally insufficient to sup-
port his conviction with regard to the commerce element of 18
*
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opinion should not be published and is not precedent except under the limited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. 06-41117
-2-
U.S.C. § 922(g)(1). He concedes, however, that his argument is
foreclosed and raises it only to preserve it for further review.
The government moves for summary affirmance on the ground that the
only issue raised on appeal is foreclosed.
“On a second appeal following remand, the only issue for con-
sideration is whether the court below reached its final decree in
due pursuance of [this court’s] previous opinion and mandate.”
Burroughs v. F.F.P. Operating Partners, 70 F.3d 31, 33 (5th Cir.
1996). In the prior appeal in this case, we limited the scope of
the remand to resentencing in light of Booker. Because the sole
issue Sanchez raises on appeal is beyond the scope of review, we
decline to consider it.
The government’s motion for summary affirmance is DENIED. The
government’s alternative request for extension of time is DENIED as
unnecessary. The judgment is AFFIRMED.