United States Second Circuit

Defendant's convictions for drug distribution under 21 USC 841(a) violate the Double Jeopardy Clause of the Fifth Amendment since they are lesser included offenses of convictions for drug distribution within 1000 feet of a school under 21 USC 860. District court has discretion to depart from USSG 5G1.2's "stacking" provisions.

Appellate Information

• Argued 01/02/2001
• Decided 02/13/2001
• Published 02/13/2001

Judges

• KATZMANN, Circuit Judge:, Before: SACK, SOTOMAYOR, KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Darrell B. Fields,Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Appellant.


• For Appellees:
  
• Thomas S. Duszkiewicz, Assistant United States Attorney, for Denise E. O'Donnell, United States Attorney for the Western District of New York, Buffalo, New York, for Appellee.