U.S. v. HARRIS

No. 05-10160.

443 F.3d 822 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony HARRIS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 24, 2006.


Attorney(s) appearing for the Case

Mauricio L. Aldazabal (Court-Appointed), Miami, FL, for Harris.

Jonathan D. Colan, Anne R. Schultz and Carol E. Herman, Asst. U.S. Attys., Miami, FL, for U.S.

Before BIRCH and MARCUS, Circuit Judges, and MILLS, District Judge.


MILLS, District Judge.

Anthony Harris entered an open plea of guilty to possession with intent to distribute at least five or more grams of cocaine base ("crack") in violation of 21 U.S.C. §§ 841(a), (b)(1)(B)(iii).

The parties jointly recommended an 80 month sentence. The district court asked Harris if he was waiving his right to a presentence investigation report ("PSI") and willing to proceed to sentencing. Harris' counsel answered, "Yes, Your...

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