United States Fifth Circuit
US v. Watkins, 04-10771, 04-10798
Defendants' convictions for possession with intent to distribute cocaine and methamphetamine are affirmed over claims of erroneous denial of suppression motions, and their sentences are vacated where imposition of a firearm adjustment in their sentences violated their Sixth Amendment rights because the adjustments were based upon facts that were not admitted by them or proved to a jury beyond a reasonable doubt.
Appellate Information
- Decided 05/22/2006
- Published 05/23/2006
Judges
- PER CURIAM:, Before JOLLY, DAVIS and OWEN, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Marc Woodson Barta, Dallas, TX, for U.S., William J. Stith, Law Offices of William J. Stith, Plano, TX, for Malcolm J. Watkins., Carlton C. McLarty, Asst. Fed.Pub. Def., Dallas, TX, for Michael Watkins.