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U.S. v. GIBSON

No. 04-14776.

434 F.3d 1234 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Steven GIBSON, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 2006.

Attorney(s) appearing for the Case

Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.

Richard C. Klugh, Jr., Kathleen M. Williams and Stewart Glenn Abrams, Fed. Pub. Defenders, and Jacqueline Esther Shapiro, Asst. Fed. Pub. Def., Miami, FL, for Gibson.

Before TJOFLAT and BARKETT, Circuit Judges, and MILLS, District Judge.

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...

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