United States v. Bembry ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-10539
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RON ASHLEY BEMBRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CR-329-8
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Ron Ashley Bembry
raises arguments that are foreclosed by United States v.
Scroggins, 411 F.3d 572, 576-77 (5th Cir. 2005), which held that
the Due Process Clause does not bar the application of Justice
Breyer’s remedy opinion in United States v. Booker, 125 S. Ct.
738 (2005), when resentencing defendants in light of Booker.
Bembry also raises arguments with respect to the appeal waiver in
this case that are foreclosed by United States v. Cortez, 413
*
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that this opinion should not be published and is not precedent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. 05-10539
-2-
F.3d 502, 503 (5th Cir.), cert. denied, 126 S. Ct. 502 (2005),
and United States v. Bond, 414 F.3d 542, 545-46 (5th Cir. 2005).
The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.