United States Eleventh Circuit

Defendant's sentence on drug related charges is vacated and remanded for reconsideration where the district court erred in concluding that Blakely required the government to charge in an indictment, and prove to a jury beyond a reasonable doubt, that defendant satisfied the requirements for designation as a career offender under the guidelines.

Appellate Information

• Decided 01/04/2006
• Published 01/06/2006

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT and BARKETT, Circuit Judges, and MILLS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S., Richard C. Klugh, Jr., Kathleen M. Williams and Stewart Glenn Abrams, Fed. Pub. Defenders, and Jacqueline Esther Shapiro, Asst. Fed. Pub. Def., Miami, FL, for Gibson.