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* 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this opinion should not be published and is not precedent except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
March 7, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10942
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NANCY GUTIERREZ SMELOSKY, also known as Nancy Smelosky,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-39-ALL
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Nancy Gutierrez
Smelosky 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
(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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