Testo completo
* 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that this opinion should not be published and is not precedent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. 05-10835
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID PAUL WILCOX, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:04-CR-10-ALL
--------------------
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
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 (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
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No. 05-10835
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courts. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
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