United States Eleventh Circuit

Sentences for cocaine-base-related convictions are affirmed over claims that: 1) sentence violated Booker as the district court made factual findings on the amount of crack cocaine attributable to defendant, and then treated the Guidelines' 100:1 crack-to-cocaine ratio as mandatory in imposing sentence; and 2) if the 100:1 ratio is mandatory, application of the ratio, in light of Booker, violates separation-of-powers principles by encroaching on the judiciary's sentencing role and vesting the prosecutor with the power to punish.

Appellate Information

• Decided 08/22/2006
• Published 08/22/2006

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Isaac R. Ruiz-Carus (Court-Appointed), The Law Office of Isaac Ruiz-Carus, Tampa, FL, for Defendant-Appellant., Nancy J. Hess, Randall J. Hensel, U.S. Atty., Robert G. Davies, Asst. U.S. Atty., Pensacola, FL, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.