US v. Simpson, 04-3129
Defendant's sentence for reentering the United States unlawfully after having been deported following conviction for an aggravated felony is affirmed over his claim of Booker error where an alternative sentencing methodology employed by the district court was consistent with Booker.
- Decided 12/13/2005
- Published 12/13/2005
Before: GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.
Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee and Mary M. Petras, Assistant Federal Public Defenders, entered appearances.
Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee. On the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Catharine A. Hartzenbusch, and Mary B. McCord, Assistant U.S. Attorneys.