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U.S. v. CAIN

No. 04-15754.

433 F.3d 1345 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James Hubert CAIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 29, 2005.

Attorney(s) appearing for the Case

Kristen Gartman Rogers, Christopher Knight, Carlos Alfredo Williams (Fed. Pub. Defenders), Fed. Def. Org., Mobile, AL, for Cain.

Leigh Lichty Pipkin, Mobile, AL, for U.S.

Before ANDERSON, BLACK and CARNES, Circuit Judges.

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...

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