United States Eleventh Circuit

Guilty plea to conspiracy to obstruct, delay, and affect commerce by robbery, and sentence is affirmed over claims that: 1) the court violated ex post facto and due process clauses by using a retroactive application of Booker; 2) the court violated the Fifth Amendment's Indictment Clause and Booker, by enhancing the offense level based on facts not in the indictment, found by a jury, or admitted; and 3) the 121-month sentence was not reasonable.

Appellate Information

• Decided 04/26/2006
• Published 04/26/2006

Judges

• MARCUS, Circuit Judge:, Before DUBINA, HULL and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Richard Alan Moore (Court-Appointed), Richard A. Moore, P.A., Miami, FL, for Defendant-Appellant., Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Carol E. Herman, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.