United States v. Gerald Eugene Bennett

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

On direct appeal this court affirmed Eugene Bennett’s convictions and sentence. United States v. Bennett, 368 F.3d 1343 (11th Cir.2004). The Supreme Court vacated that judgment, remanding the case “for further consideration in light of Booker v. United States, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).”

In his initial brief, Bennett urged that in sentencing him the district court erred in the following respects:

• calculating the drug quantity, and resulting offense level, by relying on the testimony of an unqualified expert witness and…