Read US v. Ogman, 06-0203

A sentence for conspiracy to possess cocaine with intent to distribute and possession with intent to distribute cocaine base is affirmed where: 1) the district court did not abuse its discretion in considering both convictions in sentencing defendant; and 2) the decision in United States v. Regalado, 518 F.3d 143 (2d Cir. 2008), had no application in this case because the Sentencing Guidelines range applied to defendant's case was not the result of the Guidelines, but rather resulted from his undisputed status as a career offender.

Appellate Information

• Decided 07/24/2008
• Published 07/24/2008

Judges

• PER CURIAM., Before:  SOTOMAYOR, LIVINGSTON, Circuit Judges, and PRESKA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Sally Wasserman, New York, NY, for Defendant-Appellant., Michael E. Runowicz, Assistant United States Attorney (Sandra S. Glover, Assistant United States Attorney, of counsel) for Kevin J. O'Connor, United States Attorney for the District of Connecticut, New Haven, CT, for Appellee.