United States v. John E. Davis

HANSEN, Circuit Judge.

This case is before us on remand from the Supreme Court for reconsideration in light of Booker v. United States, 543 U.S. 220, 233, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which declared that the mandatory application of the Guidelines based on judge-found facts violates the Sixth Amendment. Having done as directed by the Court and considered Davis’s sentence in light of Booker, we reinstate our panel opinion and affirm Davis’s conviction and sentence.

The facts of the case are set out in our prior panel opinion at United States v. Davis, 357 F.3d 726 (8th Cir.2004), cert.…