Coleman

MEMORANDUM **

Nathaniel William Norman (“Norman”) and Jayson Allen Coleman (“Coleman”) appeal from the sentences imposed following their guilty pleas for violating numerous laws arising from a marijuana smuggling scheme. Both defendants were sentenced under the mandatory Sentencing Guidelines before the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291 and hold that enhancing Norman’s sentence pursuant to his ringleader status did not violate the Sixth Amendment, because he admitted to his role in the offense. We further hold that enhancing Coleman’s sentence as a result of the district court’s drug quantity finding was a violation of Coleman’s Sixth Amendment rights because the Sentencing Guidelines were presumed mandatory. We hold that the district court properly computed and considered Coleman’s prior criminal history. Because the parties are familiar with the facts, we do not recite them in detail.

Norman

Pursuant to a written plea agreement, Norman pled guilty to five counts of the indictment. The district court, relying on the Presentence Investigation Report…