United States v. Laster Amiker, 414 F.3d 606 (6th Cir. 2005). · Go Syfert
United States v. Laster Amiker, 414 F.3d 606 (6th Cir. 2005). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Magouirk (ca6, 2006-11-20)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Magouirk (2×) also: Cited as authority (rule)
6th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
at the time of amiker's plea agreement and sentencing i.e., pre-booker, all plea agreements required, either explicitly or implicitly, that a defendant agree to sentencing under the guidelines.
discussed Cited as authority (verbatim quote) United States v. Scottie R. Magouirk (2×) also: Cited as authority (rule)
6th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
at the time of amiker's plea agreement and sentencing i.e., pre-booker, all plea agreements required, either explicitly or implicitly, that a defendant agree to sentencing under the guidelines.
discussed Cited as authority (verbatim quote) United States v. Alford (2×) also: Cited as authority (rule)
6th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
we think this language in bradley is best interpreted as merely additional rationale serving only to buttress the court's decision that the defendant had waived his right to appeal.
discussed Cited as authority (verbatim quote) United States v. Cortez Alford (2×) also: Cited as authority (rule)
6th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
we think this language in bradley is best interpreted as merely additional rationale serving only to buttress the court's decision that the defendant had waived his right to appeal.
discussed Cited as authority (rule) Charles Butler v. Warden, Lebanon Correctional Instit
6th Cir. · 2012 · confidence medium
Moreover, Friley mistakenly relied in part upon our decision in United States v. Amiker, 414 F.3d 606, 607-08 (6th Cir.2005), where the defen *108 dant did not, like Butler, stipulate to a sentence and receive exactly that same sentence.
discussed Cited as authority (rule) United States v. Ricky A. Caruthers (2×)
6th Cir. · 2006 · confidence medium
United States v. Smith, 429 F.3d 620 , 626-27 & n. 5 (6th Cir.2005); United States v. Puckett, 422 F.3d 340, 343 (6th Cir.2005); United States v. Amiker, 414 F.3d 606, 607 (6th Cir.2005).
cited Cited as authority (rule) United States v. Caruthers
6th Cir. · 2006 · confidence medium
United States v. Smith, 429 F.3d 620 , 626-27 & n.5 (6th Cir. 2005); United States v. Puckett, 422 F.3d 340, 343 (6th Cir. 2005); United States v. Amiker, 414 F.3d 606, 607 (6th Cir. 2005).
cited Cited as authority (rule) United States v. James R. Hochschild
6th Cir. · 2006 · confidence medium
United States v. Puckett, 422 F.3d 340, 343 (6th Cir.2005) (citing United States v. Amiker, 414 F.3d 606, 607 (6th Cir.2005)).
cited Cited as authority (rule) United States v. Hochschild
6th Cir. · 2006 · confidence medium
United States v. Puckett, 422 F.3d 340, 343 (6th Cir. 2005) (citing United States v. Amiker, 414 F.3d 606, 607 (6th Cir. 2005)).
discussed Cited as authority (rule) United States v. Moye
6th Cir. · 2006 · confidence medium
See United States v. Alford, 436 F.3d 677, 680 (6th Cir.2006) (rejecting government’s rationale regarding Bradley in a similar case, this Court held that “[t]he absence of such a waiver [of appear] is dispositive” and remand for resentencing is proper (citations omitted)); United States v. Puckett, 422 F.3d 340, 343 (6th Cir.2005) (“The mere fact that [the defendant] agreed to be, and was, sentenced pursuant to the Sentencing Guidelines, does not preclude him from raising on appeal an alleged Booker error regarding his sentence.” (citation omitted)); United States v. Amiker, 414 F.3d…
examined Cited as authority (rule) United States v. Turner (4×)
6th Cir. · 2006 · confidence medium
The court in United States v. Amiker therefore declined to treat the Bradley holding as binding precedent when presented with the narrower issue. 414 F.3d 606, 607 (6th Cir.2005).
discussed Cited as authority (rule) United States v. Dillard
6th Cir. · 2006 · confidence medium
As we explained in United States v. Amiker, 414 F.3d 606, 607 (6th Cir. 2005), the language in Bradley concerning Bradley’s explicit agreement to be sentenced under the Guidelines “is best interpreted as merely additional rationale serving only to buttress the court’s decision that the defendant had waived his right to appeal.” Because Dillard waived his right to appeal his sentence, Bradley controls and Dillard is not entitled to a Booker remand. 2 James testified that the front door was always locked, but because the front door was open on the day in question, we assume that it was a…
discussed Cited as authority (rule) United States v. Irwin A. Dillard
6th Cir. · 2006 · confidence medium
As we explained in United States v. Amiker, 414 F.3d 606, 607 (6th Cir.2005), the language in Bradley concerning Bradley’s explicit agreement to be sentenced under the Guidelines “is best interpreted as merely additional rationale serving only to buttress the court’s decision that the defendant had waived his right to appeal.” Because Dillard waived his right to appeal his sentence, Bradley controls and Dillard is not entitled to a Booker remand.
cited Cited as authority (rule) United States v. Hamdi
2d Cir. · 2005 · confidence medium
United States v. Amiker, 414 F.3d 606, 607-08 (6th Cir.2005).
discussed Cited as authority (rule) United States v. Larico Lamar Smith (2×)
6th Cir. · 2005 · confidence medium
Id. at 607.
cited Cited "see" Swain v. United States
6th Cir. · 2005 · signal: see · confidence high
See United States v. Amiker, 414 F.3d 606, 607-08 (6th Cir.2005) (applying this principle to guilty pleas).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Laster AMIKER, Defendant-Appellant
03-6001.
Court of Appeals for the Sixth Circuit.
Jul 11, 2005.
414 F.3d 606
2005 U.S. App. LEXIS 13802
2005 WL 1620329
ON BRIEF: J. Charles Wilson, Mobile, Alabama, for Appellant. Scott F. Leary, Assistant United States Attorney, Memphis, Tennessee, for Appellee. .
Boggs, Ryan, Rogers.
Cited by 28 opinions  |  Published

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 Sentencing Guidelines, the facts admitted by Amiker equate, at most, to an offense level of 32, which in Amiker’s Criminal History Category of I, provides a sentence range of 121 to 151 months’ imprisonment. At sentencing, the district court reduced Amiker’s offense level for his acceptance of responsibility, U.S.S.G. § 3E1.1, but applied enhancements for possession of a firearm, U.S.S.G. § 2Dl.l(b), and acting as an organizer or leader of criminal activity, U.S.S.G. § 3Bl.l(a). This left Amiker with an offense level of 35, and a corresponding sentence range of 168 to 210 months’ imprisonment. The district court sentenced Amiker to 168 months’ imprisonment. Because this sentence is greater than the maximum of 151 months allowed by the facts to which Amiker admitted, and because the lengthier sentence was supported by facts that were not found by a jury, the district court’s sentencing determinations violated the Sixth Amendment. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621. Although Amiker failed to raise a Sixth Amendment objection below, the error was plain; it affected Amiker’s substantial rights; and it seriously affects the fairness, integrity or public reputation of judicial proceedings. See United States v. Oliver, 397 F.3d 369, 378 (6th Cir.2005). Therefore, Amiker is entitled to resentencing.

This court’s holding in United States v. Bradley, 400 F.3d 459 (6th Cir.2005), does not alter our conclusion. First and foremost, the court in Bradley enforced a provision in the plea agreement in which the defendant waived his right to appeal. Thus, Bradley is inapplicable here; Amiker did not waive his right to appeal. But the court in Bradley also suggested that a defendant, by explicitly agreeing to be sentenced under the Guidelines, waives any right to Boo&er-resentencing. If we were to construe this as an alternative holding in Bradley, Amiker, who also explicitly agreed to be sentenced under the Guidelines, may have waived his right to resen-tencing. But we think this language in Bradley is best interpreted as merely additional rationale serving only to buttress the court’s decision that the defendant had waived his right to appeal...

The Supreme Court has said that where a defendant pleads guilty, the government “ ‘is free to seek judicial sentence enhancements so long as the defendant either stipulates to the relevant facts or consents to judicial factfinding.’ ” Booker, 125 S.Ct. at 774 (Stevens,. J., concurring in part and dissenting in part) (quoting Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 2541, 159 L.Ed.2d 403 (2004)). The plain meaning of this language, and the equally plain language of Booker and Blakely, indicate that consent to judicial factfinding cannot be found in an ordinary plea agreement. At the time of Amiker’s plea agreement and sentencing, all plea agreements required, either explicitly or implicitly, that a defendant agree to sentencing under the Guidelines. Where this[*608] requirement is spelled out, we see no reason to imply consent to judicial factfinding. That Amiker, in his plea agreement, agreed to be sentenced pursuant to the Sentencing Guidelines, does not preclude him from raising the Booker error on appeal.

Another panel of this court, again in dicta, appears to suggest that Bradley stands for the more narrow proposition that a defendant who agreed to be sentenced under the mandatory Guidelines, is not entitled to resentencing under the post -Booker advisory Guidelines. See United States v. Gilliam, 127 Fed.Appx.820, 824 (6th Cir.2005) (unpublished disposition). That is, Bradley could be read to preclude Booker-resentencing only in the absence of a Sixth Amendment violation. This appears problematic because such a rule could survive only if Booker Sixth Amendment error could be meaningfully distinguished from the erroneous mandatory application of the now advisory Guidelines. Nevertheless, because this rule would not apply to Amiker, his Sixth Amendment right having been abridged, we do not attempt to make such a distinction. And again, as we stated above and according to our x-eading of Bradley, where a plea agreement does not include an appeal waiver, an explicit agreement to be sentenced under the Guidelines carries no independent significance.

For the aforementioned reasons, we VACATE Amiker’s sentence and REMAND his case to the district court for resentenc-ing.