United States v. Curtis

NOT RECOMMENDED FOR PUBLICATION
File Name: 05a0229n.06
Filed: March 30, 2005
Nos. 03-6159, 03-6160
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
JAMMY CURTIS, EASTERN DISTRICT OF TENNESSEE
Defendant-Appellant, ORDER
TONIA DAVIS,
Defendant-Appellant.
/
BEFORE: BOGGS, Chief Judge; CLAY, Circuit Judge; and WALTER, District Judge.*
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
*
The Honorable Donald E. Walter, United States District Judge for the Western District of
Louisiana, sitting by designation.
No. 03-6159
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, 542 U.S.—, 124 S. Ct. 2531 (2004). In addition, Defendant Curtis
submitted a letter brief following the announcement of the Supreme Court’s decision in United
States v. Booker, 543 U.S. —,124 S.Ct. 738 (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.
2