United States v. Cunningham

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

This court affirmed the judgment of conviction and sentence of Bernard Cunningham. Un ited States v. Cunningham, 117 Fed.Appx. 373 (5th Cir.2005). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See Cunningham v. United States, — U.S.-, 125 S.Ct. 2274, 161 L.Ed.2d 1052 (2005). We requested and received supplemental letter briefs addressing the impact of Booker.

In his original appeal to this court, citing Apprendi v. New…