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U.S. v. AMIKER

No. 03-6001.

414 F.3d 606 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Laster AMIKER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2005.

Attorney(s) appearing for the Case

ON BRIEF: J. Charles Wilson, Mobile, Alabama, for Appellant. Scott F. Leary, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: BOGGS, Chief Judge; RYAN and ROGERS, Circuit Judges.

OPINION

RYAN, Circuit Judge.

This is a so-called Booker appeal, see United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), but one with an unusual twist. We conclude that we must vacate the sentence and remand for resentencing.

The defendant, Laster Amiker, pleaded guilty to Attempting to Possess with Intent to Distribute 1000 tablets of Ecstacy, in violation of 21 U.S.C. § 846. Pursuant to the United States...

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