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| United States v. Escalona-Martinez, No. 05-15280 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err by denying him a minor-role reduction under U.S. Sentencing Guidelines Manual § 3B1.2(b). There was insufficient evidence that defendant was a minor participant in the crimes, a conspiracy to possess and possession with intent to distribute cocaine, in comparison to others.
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| United States v. Hickman, No. 05-15059 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: Defendant's Sixth Amendments rights were not violated at sentencing because defendant was deemed to have admitted the facts contained in the PSI, and the district court did not violate defendant's Sixth Amendment rights by using those facts to enhance her sentence.
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| United States v. Moreno, No. 05-14946 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: Court of appeals did not have authority under 18 U.S.C.S. § 3742(a) to consider claim that district court erred in failing to depart downward from guideline range. To extent appeal might have been considered to be asserting district court erred in failing to provide minor role reduction, arguments were also not properly before court of appeals.
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| United States v. Norwood, No. 05-15154 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: District court did not err when it imposed the identity theft enhancement under U.S.S.G. § 2F1.1(b)(5)(C)(i) because defendant admitted that he used his relatives' names to open bank accounts to receive their Social Security disability benefits, and defendant used those means to produce another means of identification: the bank account numbers.
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| United States v. Williams, No. 04-15117,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 13, 2006, Filed
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Overview: Where a doctor was charged with unlawfully dispensing a controlled substance, evidence of the doctor's failure to meet the civil standard of care for physicians was admissible as relevant to the issue of whether the doctor was not practicing medicine, but was instead cloaking drug deals under the guise of a professional medical practice.
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