U.S. v. BREHM

No. 05-13426 Non-Argument Calendar.

442 F.3d 1291 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Robert BREHM, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 17, 2006.


Attorney(s) appearing for the Case

Ana Maria Jhones (Court-Appointed), Coral Gables, FL, for Brehm.

Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Stephen Schlessinger, Miami, FL, for U.S.

Before BIRCH, MARCUS and WILSON, Circuit Judges.


PER CURIAM:

Robert Lyman Brehm appeals his 120-month sentence for importing and possessing heroin with intent to distribute. The appeal requires us to consider whether the district court abused its discretion in determining that Brehm failed to provide a fair and just reason for withdrawing his plea. It also presents an issue of first impression as to whether the Supreme Court's decision in United States v. Booker1 rendered the...

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