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| United States v. Clark, No. 05-11680 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Defendant's 195-month sentence as career offender under USSG § 4B1.1(c)(3) did not violate Sixth Amendment because it was based on prior convictions which did not have to be proven to jury and was made under advisory regime. Sentence was reasonable where 18 U.S.C.S. § 3553(a) factors were implicitly considered and was a quarter of 40-year maximum.
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| United States v. Gibson, No. 04-14776,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Defendant's sentence was vacated where district court erred in concluding that Blakely required the government to charge in an indictment, and prove to a jury beyond a reasonable doubt, that defendant satisfied the requirements for designation as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1.
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| United States v. Headrick, No. 05-10421 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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| United States v. Martin, No. 04-13596 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Where defendant did not object to the amount of drugs outlined in his PSR, he was deemed to have admitted the quantity set forth in PSR. Therefore, district court did not commit constitutional error when it sentenced defendant based on 110.7 kilograms of cocaine even though indictment only held him accountable for more than 5 kilograms of cocaine.
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| United States v. Rodriguez, No. 04-13148 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Dismissal of indictment for being found in U.S. after deportation under 8 U.S.C.S. § 1326 was properly denied because defendant failed to show that deportation proceeding was fundamentally unfair where he would not have been entitled to asylum or other relief due to aggravated felony conviction and was advised of rights and reasons for deportation.
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| United States v. Sims, No. 05-10303 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Defendant's convictions for kidnapping, sex trafficking of a minor by coercion, and transporting of a minor in interstate commerce for purposes of prostitution were affirmed because the evidence was sufficient. However, his sentence was vacated and remanded because the court did not apply the U.S. Sentencing Guidelines in an advisory manner.
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| United States v. Weathers, No. 05-12451 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Conviction of making false statement under 18 U.S.C.S. § 1001 was affirmed, as defendant averred to FBI that explosions would occur in Athens, Georgia and explosives could be found in Jackson County and statements concerned location of explosives in Athens because otherwise no explosions could take place. He fabricated very existence of explosives.
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| United States v. Williams, No. 05-10254 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Evidence of other drugs found in vehicle defendant was driving was properly admitted under Fed. R. Evid. 404(b) in defendant's drug conspiracy trial because drugs were probative of intent, a material issue where plea of not guilty placed matter at issue; constructive possession was shown because defendant had control over vehicle for extended time.
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| Weston-Brown v. Bank of Am. Corp., No. 05-13677 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 4, 2006, Decided , January 4, 2006, Filed
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Overview: Former employee failed to state prima facie case of Title VII race discrimination based on failure to promote because she failed to demonstrate adverse employment action where selected person was promoted to same level as employee's existing position so that employee did not suffer serious and material change in terms and conditions of employment.
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