United States v. El Amin Bashir

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________________________
No. 03-13522 FILED
_____________________________U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
December 13, 2005
D. C. Docket No. 02-00115 CR-J-32-TEMTHOMAS K. KAHN
CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EL AMIN BASHIR,
a.k.a. Lavonne Dallas,
a.k.a. Bas,
a.k.a. Levonne Dallas,
a.k.a. El Amir Bashir,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________________________
(December 13, 2005)
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
Before EDMONDSON, Chief Judge, TJOFLAT and COX, Circuit Judges.
PER CURIAM:
A jury convicted Defendant Bashir of federal drug crimes. We affirmed the
conviction. United States v. Bashir, No. 03-13522, 2004 WL 1737101 at *1 (11th
Cir. Jul. 15, 2004) (Table). Bashir appealed our decision to the United States
Supreme Court. The Court vacated the judgment and remanded the case to us in
the light of United States v. Booker, 125 S. Ct. 738 (2005). Bashir v. United
States, 125 S. Ct. 1741 (2005).
Bashir raised no Booker/Blakely/Apprendi issue on his initial appeal.
Accordingly, no Booker issue is timely before us. United States v. Dockery, 401
F.3d 1261, 1263 (11th Cir. 2005). See United States v. Ardley, 242 F.3d 989, 990
(11th Cir. 2001) (recognizing that the Supreme Court did not indicate this Court
should ignore “our well-established rule that issues and contentions not timely
raised in the briefs are deemed abandoned”).
On reconsideration, we affirm the conviction and sentence.
AFFIRMED.
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