United States Eleventh Circuit

Defendant's sentence upon conviction for possession with intent to distribute two kilograms of cocaine hydrochloride and a related conspiracy charge is vacated under Booker where the district court erred in applying the sentencing guidelines as mandatory and the error was not harmless.

Appellate Information

• Decided 12/27/2005
• Published 12/27/2005

Judges

• PRYOR, Circuit Judge:, Before CARNES, HULL and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Ryan Thomas Truskoski (Court-Appointed), Orlando, FL, for Hernandez., Karin B. Hoppmann, Tampa, FL, for U.S.