United States Eleventh Circuit

Motion for a certificate of appealability as to claims under 28 U.S.C. section 2255 is denied where defendant has not made a substantial showing of a Sixth Amendment violation and waived his due process claim. Imposition of new 215-month sentence for convictions for conspiracy to possess with intent to distribute, and to distribute, cocaine, is affirmed over claims that: 1) minor's mere presence and proximity to the cocaine are legally insufficient to warrant two-level sentence enhancement under U.S.S.G. section 3B1.4; and 2) the government failed to prove by a preponderance of the evidence that defendant used the minor to avoid detection.

Appellate Information

• Decided 03/03/2008
• Published 03/04/2008

Judges

• HULL, Circuit Judge:, Before HULL and PRYOR, Circuit Judges, and MOORE, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Martin C. Puetz (Court-Appointed), Augusta, GA, for Futch., Amy Lee Copeland, Savannah, GA, for U.S.