Legal Opinion
United States v. James Hubert Cain
Court of Appeals for the Eleventh Circuit
Decided December 29, 2005No. 04-15754PublishedCited by 12 opinions
1Opinion of the Court
BLACK, Circuit Judge:
James Hubert Cain appeals his conviction and 41-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The issue of first impression we address is whether a district court’s constitutional error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is harmless beyond a reasonable doubt where the district court (1) sentences the defendant to the maximum Guidelines range but (2) provides no indication of whether its sentence would have been the same or higher in an advisory Guidelines system. We…
2Cases cited14 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- United States v. RodriguezCourt of Appeals for the Eleventh Circuit · 2005
- United States v. Terrance SheltonCourt of Appeals for the Eleventh Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Henry, WalterCourt of Appeals for the D.C. Circuit · 2007
- United States v. WoodsCourt of Appeals for the Fifth Circuit · 2006
- United States v. Corey Leamont PopeCourt of Appeals for the Eleventh Circuit · 2006
- United States v. Christopher Jason HenryCourt of Appeals for the Eleventh Circuit · 2021
- United States v. Patrick O'Neal ThompsonCourt of Appeals for the Eleventh Circuit · 2006
7 more not listed; retrieve them via the Exa API.