United States Second Circuit

Sentence for conspiring to distribute and possess with intent to distribute cocaine base is remanded where: 1) in light of the holding in Kimbrough, it was unclear whether the district court would have imposed a non-Guidelines sentence had it been aware of the Guidelines' advisory nature, and that it had the discretion to deviate from the Guidelines; and 2) the absence of that information precluded a review for plain error.

Appellate Information

• Decided 05/09/2008
• Published 05/09/2008

Judges

• PER CURIAM1, Before: JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• B. Alan Seidler, New York, NY, for Defendant-Appellant., Stephen A. Miller, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Southern District of New York, on the brief, Daniel A. Braun, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.