United States Sixth Circuit

Defendant's sentence on counts relating to the manufacture of methamphetamine and the possession of pseudoephedrine as a precursor chemical is vacated pursuant to a Booker challenge, but defendant's challenges to the ratio set forth in the sentencing guidelines commentary for converting the precursor chemical to methamphetamine, and the calculation of his criminal category, are rejected.

Appellate Information

• Decided 02/21/2006
• Published 02/21/2006

Judges

• Before:  MARTIN, COLE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert D. Philyaw, Philyaw & Smith PLLC, Signal Mountain, Tennessee, for Appellant.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Robert D. Philyaw, Philyaw & Smith PLLC, Signal Mountain, Tennessee, for Appellant.  Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.