Christopher
United States v. Christopher
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).