United States Eleventh Circuit

In case involving envelope sent from prisoner to a judge, containing white powder (later determined to be talcum powder) and a letter stating the powder was anthrax and that it was sent to kill the judge, leading to guilty plea to mailing a threatening communication, and sentence of 60 months, is affirmed over claims that the district court erred in enhancing sentence where: 1) any disruption of public functions that resulted from threatening communication was not "substantial"; 2) enhancement constituted impermissible double-counting as offense was already enhanced for threatening a public official; 3) the court improperly relied on hearsay at sentencing hearing; and 4) the enhancement violated defendant's Sixth Amendment due process rights under Booker and Apprendi.

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• J. Stephen Lewis (Court-Appointed), Beckmann & Lewis, Savannah, GA, for Dudley., Amy Lee Copeland, Savannah, GA, for U.S.