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U.S. v. THOMAS

No. 05-14151. Non-Argument Calendar.

446 F.3d 1348 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Felix Esteban THOMAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 26, 2006.

Attorney(s) appearing for the Case

Richard Alan Moore (Court-Appointed), Richard A. Moore, P.A., Miami, FL, for Defendant-Appellant.

Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Carol E. Herman, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before DUBINA, HULL and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

Felix Esteban Thomas appeals his 121-month sentence, which was imposed after he pled guilty to conspiracy to obstruct, delay, and affect commerce by robbery, in violation of 18 U.S.C. § 1951(a). On appeal, Thomas raises the following claims: (1) the district court violated ex post facto and due process principles by sentencing him based on a retroactive application of the remedial opinion in United States v. Booker,

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