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No. 8625151
United States Court of Appeals for the Ninth Circuit
United States v. Biers
No. 8625151 · Decided October 20, 2006
No. 8625151·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 20, 2006
Citation
No. 8625151
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Michael Wayne Biers appeals from his 33-month sentence following a jury trial *943 conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). On remand, the district judge shall give Biers an opportunity to opt out of resentencing. See id. at 1084 . Counsel’s motion to withdraw is DENIED without prejudice to renewing the motion in the district court. All other motions are DENIED. REMANDED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Michael Wayne Biers appeals from his 33-month sentence following a jury trial *943 conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** Michael Wayne Biers appeals from his 33-month sentence following a jury trial *943 conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
02We remand the sentence for further proceedings consistent with United States v.
03On remand, the district judge shall give Biers an opportunity to opt out of resentencing.
04Counsel’s motion to withdraw is DENIED without prejudice to renewing the motion in the district court.
Frequently Asked Questions
MEMORANDUM ** Michael Wayne Biers appeals from his 33-month sentence following a jury trial *943 conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Biers in the current circuit citation data.
This case was decided on October 20, 2006.
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