[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
August 4, 2005
No.03-11173
THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 00-00060-CR-FTM-29-DNF
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ZNOP BYX VMON,
a.k.a Russell Lee Slack,
Defendant-Appellant.
__________________________
Appeal from the United States District Court for the
Middle District of Florida
_________________________
(August 4, 2005)
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
Before CARNES, HULL and KRAVITCH, Circuit Judges.
PER CURIAM:
Znop Byx Vmon was convicted of knowingly making false statements to a
licensed firearms dealer in connection with attempts to purchase firearms, in
violation of 18 U.S.C. § 922(a)(6) and sentenced to 70 months imprisonment. We
affirmed his conviction on direct appeal, in which Vmon raised a constitutional
challenge to his convictions under Blakely v. Washington, 542 U.S. –,
124 S. Ct.
2531,
159 L. Ed. 2d 403 (2004), for the first time in his reply brief. Vmon
petitioned the Supreme Court for certiorari, which the Court granted, vacating and
remanding the case to us for reconsideration in light of United States v. Booker,
543 U.S. –,
125 S. Ct. 738,
160 L. Ed. 2d 621 (2005).
This court does not consider issues raised for the first time in a reply brief,
and this rule applies to Booker challenges. See United States v. Day,
405 F.3d
1293, 1294 n.1 (11th Cir. 2005); United States v. Dockery,
401 F.3d 1261,
2005
WL 487735 (11th Cir. 2005); United States v. Levy,
2005 WL 1620719 (11th Cir.
July 12, 2005). Accordingly, we AFFIRM.
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