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ROZIER v. U.S.

No. 11-13557.

701 F.3d 681 (2012)

Herbert ROZIER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 21, 2012.

Attorney(s) appearing for the Case

Brenda Greenberg Bryn , Timothy Day , Fed. Pub. Defenders, Fort Lauderdale, FL, Michael Caruso , Fed. Pub. Def., Miami, FL, for Petitioner-Appellant.

Michael A. Rotker , U.S. Dept. of Justice — Crim. Div., Washington, DC, Kathleen Mary Salyer , Wifredo A. Ferrer , Lisa Tobin Rubio , Anne Ruth Schultz , U.S. Attys., Miami, FL, Scott Behnke , U.S. Atty., Fort Lauderdale, FL, for Respondent-Appellee.

Before CARNES, BARKETT, and HILL, Circuit Judges.

CARNES, Circuit Judge:

In 2001, Herbert Rozier was convicted of distributing crack cocaine in violation of 21 U.S.C. § 841(a). In calculating his pre-United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), sentencing guidelines range, the district court applied the United States Sentencing Guidelines § 4B1.1 (Nov. 2000) career offender enhancement because Rozier had "two prior felony convictions...

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