United States Eleventh Circuit

212-month sentence for possession with intent to distribute 35 grams or more of crack cocaine and possession of a firearm by a convicted felon, is affirmed over claims that: 1) the failure of the career offender guideline, U.S.S.G. section 4B1.1, and the Armed Career Criminal Act, 18 U.S.C. section 924(e)(1), to distinguish between youthful offender and adult convictions is improper because it conflicts with the reasoning of Roper v. Simmons, 543 U.S. 551 (2005); 2) the district court erred in counting youthful offender convictions as predicate offenses in applying the section 4B1.1 and 924(e)(1) enhancements; and 3) the enhancements resulted in an unreasonable sentence under Booker.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

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

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Joel D. Robrish, Offices of Joel Robrish, P.A., Miami, FL, for Wilks., Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Lisa A. Hirsch, Miami, FL, for U.S.