Legal Opinion

United States v. Steven Gibson

Court of Appeals for the Eleventh Circuit

Decided January 4, 2006No. 04-14776PublishedCited by 80 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In this appeal, the United States challenges the decision of the District Court for the Southern District of Florida not to designate Steven Gibson a career offender pursuant to section 4B1.1 of the U.S. Sentencing Guidelines. 1 The district court concluded that under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), it could not classify Gibson as a career offender because the Government did not prove to a jury the nature of Gibson’s prior convictions (i.e., that those prior convictions were felonies involving controlled substances) or the…

2Cases cited50 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. United States v. BookerSupreme Court of the United States · 2004
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998

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3Cited by80 opinions

  1. United States v. Travis Lamont SmithCourt of Appeals for the Eleventh Circuit · 2014
  2. United States v. Earl Robert WadeCourt of Appeals for the Eleventh Circuit · 2006
  3. United States v. PerezCourt of Appeals for the Eleventh Circuit · 2011
  4. United States v. SteedCourt of Appeals for the Eleventh Circuit · 2008
  5. United States v. Alonzo HoustonCourt of Appeals for the Eleventh Circuit · 2006

75 more not listed; retrieve them via the Exa API.

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