Appealing the Judgment in a Criminal Case, David Paul Wilcox, Jr., 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, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when resentencing defendants in light of Booker, and by United States v. Reinhart, 442 F.3d 857, 863 (5th Cir.2006), petition for cert. filed (June 5, 2006) (No. 05-11431), which held that the Ex Post Facto Clause does not apply to the courts. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
190 F. App'x 391
UNITED STATES of America, Plaintiff-Appellee, v. David Paul WILCOX, Jr., Defendant-Appellant.
No. 05-10835.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Decided July 13, 2006.
Susan B. Cowger, Linda R. Rossborough, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for PlaintiffAppellee.
Jason Douglas Hawkins, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
United States v. Wilcox
190 F. App'x 391
Case Details
190 F. App'x 391
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