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| United States v. Daniel, No. 04-13174,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: Where terms "use" and "carry" were to be broadly construed such that weapon need not be on person and that "during and in relation to" meant either facilitated drug offense or had potential to facilitate offense, court rejected appellants' contention that they could not be convicted under 18 U.S.C.S. § 924(c)(1)(A) when guns were sold with drugs.
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| United States v. DeCarlo, No. 03-16538 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: Following remand from the United States Supreme Court, the appellate court's opinion was reinstated, and defendant's convictions and sentences were affirmed because defendant had abandoned his Booker claims since they had not been raised in his initial appellate briefing.
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| United States v. Estupian, No. 05-14021 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: District court did not err in refusing to grant a minor-role reduction under USSG § 3B1.2 where 4.6 tons of cocaine on the vessel weighed against such a conclusion or in imposing an enhancement for defendant's role as the vessel's captain pursuant to USSG § 2D1.1(b)(2)(B) where he admittedly captained the vessel to the drug rendezvous point.
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| United States v. Jackson, No. 05-10081,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: District court did not violate the Fifth Amendment when it enhanced defendant's sentence based on prior convictions not alleged in the indictment because the U.S. Supreme Court's holding in Almendarez-Torres remained good law after Booker and did not require that prior convictions used to enhance a sentence be alleged in the indictment.
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| United States v. Massey, No. 05-11514,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: District court did not err when it found that defendant who pled guilty to conspiracy to import heroin into the U.S. attempted to obstruct justice when she removed packages containing heroin from her body and hid them in a hospital bed, or when it imposed a two-level enhancement under USSG § 3C1.1 (2004) for attempting to obstruct justice.
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| Wheat v. Lewis, 05-12168,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 23, 2006, Decided , March 23, 2006, Filed
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