United States v. Bustamante

HENRY, Circuit Judge.

Sergio Bustamante, a federal prisoner, pleaded guilty to unlawfully distributing more than fifty grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). In 2004, the district court sentenced him to 78 months’ imprisonment, and Mr. Bustamante appealed, arguing that the district court improperly enhanced his sentence in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). After he filed his appeal, the Supreme Court issued its opinion in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).…