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United States Sixth Circuit


US v. Magouirk, 05-5960

A defendant may voluntarily waive his or her Booker rights, provided that the waiver is made "knowingly, intelligently, and with sufficient awareness of the relevant circumstances and likely consequences." A sentence for offenses relating to the manufacture and use of methamphetamine is affirmed over a claim that, despite defendant's plea agreement and plea colloquy to have his sentence governed solely by the U.S. Sentencing Guidelines notwithstanding Booker, his sentence was unreasonable because the district court failed to adequately consider the sentencing factors enumerated in 18 U.S.C. section 3553(a).

Appellate Information

  • Decided 11/20/2006
  • Published 11/20/2006

Judges

  • Before GILMAN and GRIFFIN, Circuit Judges;  GWIN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Marcia G. Shein, Law Office of Marcia G. Shein, Decatur, Georgia, for Appellant.  Christopher D. Poole, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Marcia G. Shein, Law Office of Marcia G. Shein, Decatur, Georgia, for Appellant.   Christopher D. Poole, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.
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