USA vs. Clinkinbeard, (5th Cir. 2005)
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
December 14, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-10654
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANITA YVONNE CLINKINBEARD,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:04-CR-37-ALL
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Anita Yvonne Clinkinbeard 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, 125 S. Ct. 738 (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.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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