Non-constitutional Booker error requires remand for resentencing under certain circumstances
SENTENCING United States v. Geames, No. 04-4266, ___ F.3d ___ (10th Cir. Nov. 8, 2005)(Utah). Appeal of conviction and sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) and possession of cocaine in violation of 21 U.S.C. § 844(a). HELD: Where district court committed non-constitutional Booker error by applying sentencing guidelines in mandatory manner and sentenced defendant to low end of guidelines range without giving any indication of what sentence would have been if guidelines had not been applied as mandatory, remand for resentencing is necessary. Read the opinion here. |
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