United States Eleventh Circuit
US v. Cain, 04-15754
Defendant's sentence for being a felon in possession of a firearm is vacated where the district court committed constitutional error under Booker and the government failed to show that the district court's mandatory application of the guidelines was harmless beyond a reasonable doubt.
Appellate Information
- Decided 12/29/2005
- Published 12/29/2005
Judges
- BLACK, Circuit Judge:, Before ANDERSON, BLACK and CARNES, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Kristen Gartman Rogers, Christopher Knight, Carlos Alfredo Williams (Fed. Pub. Defenders), Fed. Def. Org., Mobile, AL, for Cain., Leigh Lichty Pipkin, Mobile, AL, for U.S.