United States v. Jesus Alberto Hernandez-Gonzalez

Defendanb-Appellant Jesus Hernandez-Gonzalez has filed a petition for rehearing, in which he argues for the first time that the district court erred by sentencing him pursuant to the mandatory sentencing guideline regime in place before the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Absent extraordinary circumstances, this court will not consider issues raised for the first time in a petition for rehearing. United States v. Sutherland, 428 F.2d 1152, 1158 (5th Cir.1970) (per curiam) (stating that the case did not present “extraordinary…