United States Eleventh Circuit

Conviction and sentence for using a facility and means of interstate commerce to entice a minor to engage in sexual activity is affirmed over defendant's claims that the district court: 1) failed to comply with the requirements of Fed. R. of Crim. Pro. 11 in entertaining and accepting his plea of guilty; 2) violated a core concern of Rule 11 by failing to inform him of the consequences of his plea; 3) denied him due process by a retroactive application of US v. Searcy, 418 F.3d 1193 (2005), and a consequent application of a career offender enhancement; 4) used court docket sheets to find him convicted of two predicate offenses in violation of his Sixth Amendment right to have a jury determine the existence of those convictions; 5) imposed an unreasonable sentence; and 6) demonstrated bias and prejudice at a sentence hearing, in violation of his due process rights to a fair hearing.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, FAY and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Margaret Y. Foldes, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Brown., Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Dawn Bowen, Daniel L. Rashbaum, Miami, FL, for U.S.