Christopher

United States v. Christopher

Good Law
159 F. App'x 818
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 04-30050California536 words

Opinion

Lead Opinion

MEMORANDUM **

David A. Christopher appeals his 120-month sentence imposed following a guilty plea to the manufacturing of methamphetamine and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 841 (b)(1)(A).

Christopher argues that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004) and United States *820 v. Ameline, 409 F.3d 1073 (9th Cir.2005) require that his sentence be reversed or that his case be remanded to the district court for re-sentencing. However, Ameline requires a limited remand only when the Court cannot otherwise determine from the record whether the sentence would have been materially different had the guidelines been non-mandatory. Id. at 1074 . Here, Christopher pleaded guilty to facts that would give rise to a minimum sentence of 10 years as mandated by the applicable statute. See 21 U.S.C. § (b)(1)(A). This Court has previously held that Booker has no bearing on mandatory minimum cases. See United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005).

Thus, the only remaining argument for a…

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