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Click here for the full text of this decision FACTS:The defendant’s conviction and sentence was affirmed by the 5th U.S. Circuit Court of Appeals in 2004. The U.S. Supreme Court granted the defendant’s writ of certiorari and remanded to this court to reconsider the defendant’s sentence in light of United States v. Booker, 125 S.Ct. 738 (2005). HOLDING:Affirmed. Because the defendant did not make a Booker-related objection in the district court, his claim here fails under the plain-error test. The court notes that the record does not indicate that the district court would have imposed a lighter sentence, seeing as how the district court upwardly departed from the guideline range of 21 to 27 months to a sentence of 87 months to be served consecutively to a sentence he was already serving. The court rejects the defendant’s argument that it needs to apply both the “merits” opinion issued by Justice Stevens in Booker in addition to the remedial opinion issued by Justice Breyer. OPINION:Per curiam; Davis and Barksdale, JJ.

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