United States DC Circuit

Defendant's sentence for reentering the United States unlawfully after having been deported following conviction for an aggravated felony is affirmed over his claim of Booker error where an alternative sentencing methodology employed by the district court was consistent with Booker.

Appellate Information

• Decided 12/13/2005
• Published 12/13/2005

Judges

• Before:  GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.  Neil H. Jaffee and Mary M. Petras, Assistant Federal Public Defenders, entered appearances.


• For Appellees:
  
• Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee.   On the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Catharine A. Hartzenbusch, and Mary B. McCord, Assistant U.S. Attorneys.