429 F.3d 631 (6th Cir. 2005), 04-5474, United States v. Adkins

Docket Nº04-5474.
Citation429 F.3d 631
Party NameUNITED STATES of America, Plaintiff-Appellee, v. Karson L. ADKINS, Defendant-Appellant.
Case DateNovember 23, 2005
CourtUnited States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 631

429 F.3d 631 (6th Cir. 2005)

UNITED STATES of America, Plaintiff-Appellee,

v.

Karson L. ADKINS, Defendant-Appellant.

No. 04-5474.

United States Court of Appeals, Sixth Circuit.

November 23, 2005

Submitted: June 3, 2005

Appeal from the United States District Court for the Western District of Kentucky at Paducah. No. 03-00031—Thomas B. Russell, District Judge.

COUNSEL

ON BRIEF:

Jeffrey P. Alford, HOLLOW AY, LONG & ALFORD, Paducah, Kentucky,

Page 632

for Appellant.

Monica Wheatley, Terry M. Cushing, ASSISTANT UNITED STATES ATTORNEYS, Louisville, Kentucky, for Appellee.

Before: RYAN, MOORE, and COOK, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which COOK, J., joined.

MOORE, J. (p. 3), delivered a separate opinion concurring in the judgment.

OPINION

RYAN, Circuit Judge.

In this direct appeal, the defendant, Karson L. Adkins, alleges that his Sixth Amendment right to trial by jury was violated because his prison sentence is based, in part, upon facts found by the sentencing judge that were neither admitted by Adkins nor found by a jury. We do not agree. The facts relevant to the district court's determination that Adkins would be sentenced to ten years' imprisonment were meticulously presented in a detailed Presentence Investigation Report (PSR). Adkins failed to object to the PSR and is therefore deemed to have admitted the facts therein. Therefore, we will AFFIRM his sentence.

I.

Adkins pleaded guilty to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. § 846; possession of pseudoephedrine with intent to manufacture a controlled substance, in violation of 21 U.S.C. § 841(c); and, possession of equipment, chemicals, products, and materials with intent to manufacture methamphetamine, in violation of 21 U.S.C. § 843(a)(6). The indictment attributed to Adkins only a "detectable amount of methamphetamine," and his guilty plea did not state a specific drug quantity. It was, in that respect, a so-called "open" plea. According to the PSR, which was provided to Adkins prior to his sentencing, Adkins possessed 9.59 grams of methamphetamine. Based on this drug quantity, and after an adjustment for Adkins's acceptance of responsibility, the PSR recommended a Guidelines sentence of 92 to 115 months' imprisonment. At the sentencing hearing, the judge asked Adkins's counsel if he and Adkins had reviewed the PSR. Adkins's counsel responded that they had. The judge...

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