Landrus

United States v. Landrus

Good Law
183 F. App'x 649
United States Court of Appeals for the Ninth CircuitJune 5, 2006No. 05-30263California349 words

Opinion

Lead Opinion

MEMORANDUM **

William Landrus appeals his sentence, imposed by the district court after a jury verdict determined his guilt for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. The district court sentenced Landrus to a 300-month term of imprisonment to be followed by a 5-year term of supervised release. Landrus contends that the district court violated the Sixth *650 Amendment by sentencing him based on facts that were not proven to a jury beyond a reasonable doubt. Landrus also argues that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

The district court sentenced Landrus in the clear light of the Supreme Court’s opinion in Booker , rendering the Sentencing Guidelines advisory. Consequently, the district court’s extra-verdict findings did not violate Landrus’s right to a jury trial. See United States v. Ameline, 409 F.3d 1073, 1077 (9th Cir.2005).

As for reasonableness of Landrus’s sentence, the district court correctly calculated the sentencing range under the Sentencing Guidelines and explicitly considered the factors listed in 18 U.S.C. § 3553 (a). The…

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