U.S. v. HERNANDEZ-GONZALEZ

No. 04-40923.

405 F.3d 260 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Alberto HERNANDEZ-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 2005.


Attorney(s) appearing for the Case

Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Hector Anthony Casas, Timothy William Crooks, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

Defendant-Appellant Jesus Hernandez-Gonzalez has filed a petition for rehearing, in which he argues for the first time that the district court erred by sentencing him pursuant to the mandatory sentencing guideline regime in place before the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Absent extraordinary circumstances, this court will...

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