U.S. v. Paz, No. 04-14829 Non-Argument Calendar.
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Writing for the Court | Per Curiam |
| Citation | 405 F.3d 946 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Juan PAZ, Defendant-Appellant. |
| Docket Number | No. 04-14829 Non-Argument Calendar. |
| Decision Date | 05 April 2005 |
v.
Juan PAZ, Defendant-Appellant.
Page 947
Kathleen M. Williams, Fed. Pub. Def., Vincent P. Farina, Asst. Fed. Pub. Def., Miami, FL, for Defendant-Appellant.
Lisa T. Rubio, Anne R. Schultz, Asst. U.S. Atty., Marc Fagelson, Miami, FL, Timothy Cone, Fort Lauderdale, FL, for Plaintiff-Appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before TJOFLAT, ANDERSON and PRYOR, Circuit Judges.
PER CURIAM:
This appeal presents the first opportunity, after United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), for this Court to address the application of harmless error to a sentence imposed using extra-verdict enhancements in a mandatory guideline system. Juan Paz appeals his sentence entered after he pleaded guilty to producing, using, and trafficking in one or more counterfeit access devices with intent to defraud, in violation of 18 U.S.C. section 1029(a)(1). Paz's sentence was determined with a six-level enhancement based on a finding, not admitted by Paz, that the amount of loss was between $30,000 and $70,000. Paz objected to the enhancement as a violation of the Sixth Amendment as interpreted in Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Because the district court stated that it would have imposed a lesser sentence had the guidelines not been mandatory, we conclude that the government cannot show that the application of the extra-verdict enhancement was harmless error. We, therefore, vacate Paz's sentence and remand to the district court for resentencing.
In March 2004, Paz offered a confidential government informant the opportunity to make money using a skimming device, which could be used to make counterfeit credit cards, counterfeit bills, and counterfeit satellite cards. The confidential informant then contacted the Secret Service. A few days later, Paz gave the confidential informant the skimming device. Paz told the informant that Paz would pay thirty dollars for each credit card number that was obtained using the device.
The Secret Service downloaded nineteen spurious credit card numbers on the skimming device, and the confidential informant met with Paz, who agreed to count the downloaded credit card numbers and pay the informant accordingly. Paz was then arrested. In Paz's truck, agents found a laptop computer with a skimming device attached, handguns, and 69 grams of sham drugs. The agents also found multiple satellite dishes, satellite receivers, and two memory sticks, instruments consistent with devices used to obtain information without authorization.
A federal grand jury returned a three-count indictment against Paz. The government
Page 948
moved to dismiss Counts 1 and 2, and, in accord with a written plea agreement, Paz pleaded guilty to Count 3, which charged Paz with...
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State v. Allen, No. 485PA04.
...error was harmless in light of "overwhelming" evidence supporting the sentencing judge's fact-finding); United States v. Paz, 405 F.3d 946 (11th Cir.2005) (per curiam) (applying harmless-error doctrine to Blakely error); United States v. Ameline, 400 F.3d 646, 652 (9th Cir.) (noting that un......
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United States v. McGarity, No. 09–12070.
...of the defendants' Eighth Amendment claim, we review de novo all constitutional challenges to a sentence. United States v. Paz, 405 F.3d 946, 948 (11th Cir.2005). Because White did not raise a due process challenge until appeal, we review his argument under the plain-error standard. 60. In ......
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State v. Allen, No. 485PA04
...error was harmless in light of "overwhelming" evidence supporting the sentencing judge's fact-finding); United States v. Paz, 405 F.3d 946 (11th Cir. 2005) (per curiam) (applying harmless-error doctrine to Blakely error); United States v. Ameline, 400 F.3d 646, 652 (9th Cir.) (noting that u......
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Sanchez-Toribio v. Secretary, Dept. of Corrections, No. 2:05-cv-76-FtM-29SPC.
...that his lack of contact with the consulate affected his trial, Petitioner is not entitled to habeas relief on Ground Three. See Darby, 405 F.3d at 946. D. Last, Petitioner argues in Ground Four that he is entitled to habeas relief because the trial court erred when it overruled Petitioner'......
-
State v. Allen, No. 485PA04.
...error was harmless in light of "overwhelming" evidence supporting the sentencing judge's fact-finding); United States v. Paz, 405 F.3d 946 (11th Cir.2005) (per curiam) (applying harmless-error doctrine to Blakely error); United States v. Ameline, 400 F.3d 646, 652 (9th Cir.) (noting that un......
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United States v. McGarity, No. 09–12070.
...of the defendants' Eighth Amendment claim, we review de novo all constitutional challenges to a sentence. United States v. Paz, 405 F.3d 946, 948 (11th Cir.2005). Because White did not raise a due process challenge until appeal, we review his argument under the plain-error standard. 60. In ......
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State v. Allen, No. 485PA04
...error was harmless in light of "overwhelming" evidence supporting the sentencing judge's fact-finding); United States v. Paz, 405 F.3d 946 (11th Cir. 2005) (per curiam) (applying harmless-error doctrine to Blakely error); United States v. Ameline, 400 F.3d 646, 652 (9th Cir.) (noting that u......
-
Sanchez-Toribio v. Secretary, Dept. of Corrections, No. 2:05-cv-76-FtM-29SPC.
...that his lack of contact with the consulate affected his trial, Petitioner is not entitled to habeas relief on Ground Three. See Darby, 405 F.3d at 946. D. Last, Petitioner argues in Ground Four that he is entitled to habeas relief because the trial court erred when it overruled Petitioner'......