United States Eleventh Circuit

Convictions of crimes releated to hijacking a plane are affirmed over various claims of error related to evidence, confrontation and cross-examination of witnesses, jury instructions, post-trial discovery, and the cumulative effect of erroneous rulings. Sentences of two defendants are vacated where court erred in enhancing base offense levels, considering the guidelines as mandatory, and there was a reasonable probability that the court would have imposed a lower sentence if the guidelines had been advisory, thus resulting in reversible Booker error.

Appellate Information

• Decided 05/22/2006
• Published 05/22/2006

Judges

• BARKETT, Circuit Judge:, Before BLACK, BARKETT and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeanne Marie Mullenhoff, Anne R. Schultz, Asst. U.S. Atty., Suzan H. Ponzoli, Miami, FL, for U.S.


• For Appellees:
  
• Israel J. Encinosa (Court-Appointed), Israel J. Encinosa, P.A., Mauricio L. Aldazabal (Court-Appointed), Martin Alan Feigenbaum (Court-Appointed), Reemberto Diaz (Court-Appointed), Reemberto Diaz, P.A., Miami, FL, Brenda G. Bryn (Fed. Pub. Def.), Fed. Pub. Defender's Office, Fort Lauderdale, FL, Ana Maria Jhones (Court-Appointed), Coral Gables, FL, Stewart Glenn Abrams and Kathleen M. Williams, Fed. Pub. Defenders, Miami, FL, for Defendants-Appellants.