124 F. App'x 1001

UNITED STATES of America, Plaintiff-Appellee, v. Jammy CURTIS, Defendant-Appellant, Tonia Davis, Defendant-Appellant.

Nos. 03-6159, 03-6160.

United States Court of Appeals, Sixth Circuit.

March 30, 2005.

U.S. Attorney’s Office, Chattanooga, TN, for Plaintiff-Appellee.

Nikki C. Pierce, Federal Defender Services of Eastern Tennessee, Greeneville, TN, Frederick Lee Ortwein, Ortwein & Ortwein, Chattanooga, TN, for Defendants-Appellants.

Before BOGGS, Chief Judge; CLAY, Circuit Judge; and WALTER, District Judge.*

ORDER

Defendant Jammy Curtis appeals only from his sentence of 160 months, imposed following his conviction by guilty plea of conspiring to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. Likewise, Defendant Tonia Davis appeals only from her sentence of seventy months, imposed following her conviction by guilty plea of possession of equipment, chemicals, products, and materials used to manufacture methamphetamine, in violation of 21 U.S.C. § 843(a)(6) and 18 U.S.C. § 2.

Both Defendants have submitted letter briefs arguing that the judicial fact-finding in this case violated Blakely v. Washington, — U.S. — , 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). In addition, Defendant Curtis submitted a letter brief following the announcement of the Supreme Court’s decision in United States v. Booker, — U.S. — , 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Upon review of the record, we agree that Defendants’ sentences must be vacated and remanded in light of Booker. See United States v. Oliver, 397 F.3d 369, 2005 WL 233779 (6th Cir.2005).

IT IS SO ORDERED.

United States v. Curtis
124 F. App'x 1001

Case Details

Name
United States v. Curtis
Decision Date
Mar 30, 2005
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124 F. App'x 1001

Jurisdiction
United States

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