United States v. Larry Banks, 134 F. App'x 342 (11th Cir. 2005). · Go Syfert
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UNITED STATES of America, Plaintiff-Appellee,
v.
Larry BANKS, Defendant-Appellant
04-11715; D.C. Docket 03-00196-CR-J-25HTS.
Court of Appeals for the Eleventh Circuit.
Jun 8, 2005.
Unpublished opinion
134 F. App'x 342
Lisa Call, Federal Public Defender’s Office, Jacksonville, FL, for Defendant-Appellant., Marcio W. Valladares, Jacksonville, FL, for Plaintiff-Appellee.
Black, Pryor, Kravitch.
Unpublished

[*343] ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM.

Larry Banks was convicted of possession of firearms by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and sentenced as an armed career criminal under U.S.S.G. § 4B1.4 and 18 U.S.C. § 924(e). On November 16, 2004, we affirmed his conviction and sentence. Notably, Banks did not challenge the constitutionality of his sentence under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) before the district court or this court. Nor did he move for rehearing. The Supreme Court granted certiorari, vacated our opinion and remanded the case to us for reconsideration in light of United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Because Banks did not raise a constitutional challenge to his sentence before the district court or this court, any possible claim based on the Supreme Court’s recent decisions in Booker and Blakely has been abandoned. See United States v. Dockery, 401 F.3d 1261, 1262-63 (11th Cir.2005) (holding that appellant abandoned his Booker claim on appeal by not raising a timely constitutional challenge to his sentence in his initial brief).

Accordingly, we AFFIRM.