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| United States v. Arthur, No. 05-12853 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Defendant's sentence was affirmed because there was no constitutional Booker error due to the district court enhancing his sentence based on a prior conviction and because the retroactive application of Booker's remedial opinion making the USSG advisory was not a due process or an ex post facto violation.
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| United States v. Brinson, No. 04-16178 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: District court did not violate U.S. Const. amend. VI in considering prior convictions when enhancing sentence under U.S. Sentencing Guidelines Manual § 4B1.1(b) following conviction under 21 U.S.C.S. § 841(a)(1), (b)(1)(B); as to statutory Booker error, however, there was no fair assurance that same sentence would be imposed under advisory scheme.
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| United States v. Cueva, No. 05-14488 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Defendant's 97-month sentence for violating 46 U.S.C.S. app.. § 1903(a), (g), and (j), 21 U.S.C.S, § 960(b)(1)(B)(ii), and 18 U.S.C.S. § 2 was affirmed because the district court did not err in finding that defendant was not entitled to a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating-role reduction.
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| United States v. Finch, No. 05-10979 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Defendant's 360-month sentence for child pornography and sexual exploitation of children was affirmed because the district court properly considered the factors in 18 U.S.C.S. § 3553(a), and defendant was advised at his Fed. R. Crim. P. 11 plea colloquy that the government intended to seek an upward departure from the USSG.
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| United States v. Germany, No. 05-13934 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 3 was affirmed because her sentence was reasonable and the district court did not err in imposing a U.S. Sentencing Guidelines Manual § 2B3.1(b)(2)(C) firearm enhancement.
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| United States v. Morales, No. 05-13904 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: District court did not violate U.S. Const. amend. VI in sentencing defendant pursuant to U.S. Sentencing Guidelines Manual § 4B1.1(a) based on prior convictions; further, 141-month sentence for conspiracy to distribute marijuana plants, 21 U.S.C.S. § 846, was not unreasonable. District court considered evidence and 18 U.S.C.S. § 3553(a) factors.
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| United States v. Potts, No. 05-13115,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Sentence to 30 months for possession of a firearm after a misdemeanor domestic violence conviction was affirmed; the district court did not err in using the cross-references to USSG §§ 2X1.1(a) and 2A6.2 when sentencing defendant for possession of a shotgun in connection with other crimes in violation of Ala. Code §§ 13A-6-23 and 13A-11-8.
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| United States v. Walden, No. 05-15716 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: A district court's denial of a pro se federal inmate's Blakely motion for a reduction of sentence was affirmed because the court lacked jurisdiction, if the motion was construed as a 28 U.S.C.S. § 2255 motion, it was an unauthorized successive § 2255 motion, and the Booker decision did not apply retroactively to cases on collateral review.
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