                                                                 United States Court of Appeals
                                                                          Fifth Circuit
                                                                       F I L E D
                      UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT                      November 21, 2005

                             _______________________               Charles R. Fulbruge III
                                                                           Clerk
                                   No. 03-41578
                                 Summary Calendar
                             _______________________

                         UNITED STATES OF AMERICA,
                                                           Plaintiff-Appellee,

                                     versus

                                 SERGIO CHAVEZ,


                                             Defendant-Appellant.
_________________________________________________________________

     On Appeal from the United States District Court for the
                    Southern District of Texas
                          (C-03-CR-196-1)
_________________________________________________________________

          ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JONES and SMITH, Circuit Judges.*

PER CURIAM:**

              This   court    affirmed    the   judgment   of   conviction     and

sentence of Sergio Chavez.          United States v. Chavez, No. 03-41578

(Aug. 19, 2004) (unpublished).              The Supreme Court vacated and

remanded for further consideration in light of United States v.

Booker, 125 S. Ct. 738 (2005).           See Chavez v. United States, 125 S.

Ct. 1075 (2005).        We requested and received supplemental letter


      *
       Due to his death on Sept. 14, 2004, Judge Reynaldo G. Garza did not
participate in this decision. The case is being decided by a quorum. 28 U.S.C.
§ 46(d).
      **
       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should not be published and is not precedent except under the limited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.
briefs addressing the impact of Booker.   Chavez admits that Booker

has no impact on our decision in his case.   Accordingly, we adhere

to our prior determination and reinstate our judgment AFFIRMING

Chavez’s conviction and sentence.

                                          AFFIRMED.




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