United States v. Stephens

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10917
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KRAIG STEPHENS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CR-160-ALL
--------------------
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Kraig Stephens
raises arguments that are foreclosed by United States v. Cortez,
413 F.3d 502, 503 (5th Cir.), cert. denied, 126 S. Ct. 502
(2005), which held that the defendant’s appeal waiver barred a
claim that the sentence exceeded the statutory maximum as that
term was defined in Blakely v. Washington, 542 U.S. 296 (2004),
and by United States v. Scroggins, 411 F.3d 572, 575-76 (5th Cir.
2005), which held that the Due Process Clause does not bar the

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No. 05-10917
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application of Justice Breyer’s remedy opinion in United States
v. Booker, 543 U.S. 220 (2005), when resentencing defendants in
light of Booker. The Government’s motion for summary affirmance
is GRANTED, and the judgment of the district court is AFFIRMED.

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