DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051786P.pdf 02/14/2006 United States v. Adrian Morin
U.S. Court of Appeals Case No: 05-1786
District of North Dakota
[PUBLISHED] [Melloy, Author, with Colloton and Benton, Circuit Judges]
Criminal case - Sentencing. When a plea was entered post-Blakely and
pre-Booker, sentence enhancements can be found based on facts found by
a judge; no Booker violation shown as the district court properly treated
the guidelines as advisory; district court did not err in finding defendant
waived right to counsel before confessing, and his confession could be
considered at sentencing; tapes of jailhouse calls were admissible, and
district court could rely on the tapes at sentencing; no error in imposing
enhancements for possession of a firearm or for leadership role in the
offense; drug quantity findings were not clearly erroneous.