United States v. Cruz

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH and WIENER, Circuit Judges. * PER CURIAM:

This court affirmed Francisco Cruz’s conviction and sentence. United States v. Cruz, 388 F.3d 150 (5th Cir.2004). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Cruz v. United States, — U.S. -, 125 S.Ct. 1969, 161 L.Ed.2d 846 (2005). We requested and received supplemental letter briefs addressing the impact of Booker.

Cruz was convicted by a jury of importation and possession with…