United States v. Robert Mykytiuk

WOOD, Circuit Judge.

On January 14, 2004, Robert Mykytiuk was convicted of possessing pseudoephed-rine with intent to manufacture methamphetamine, see 21 U.S.C. § 841(c)(2), and for possessing a firearm in furtherance of drug trafficking, see 18 U.S.C. § 924(c)(1)(A). Understandably treating the Sentencing Guidelines as mandatory, the district court enhanced Mykytiuk’s sentence on the basis of facts found by a preponderance of the evidence, ultimately imposing a 150-month sentence. While we affirmed Mykytiuk’s conviction on April 1, 2005, we concluded that the Supreme Court’s decision in…