United States Second Circuit

Where a defendant is convicted on a single count of conspiracy involving multiple controlled substances, the district court must sentence the defendant as if convicted of a conspiracy involving only the drug that triggers the lowest statutory sentencing range; thus, in sentencing defendant to a term of imprisonment exceeding the statutory maximum under 21 U.S.C. section 841(b)(1)(D), the district court committed plain error, affecting defendant's substantial rights and the fairness and public reputation of the judicial proceedings.

Appellate Information

• Argued 11/06/2001
• Decided 04/04/2002
• Published 04/04/2002

Judges

• MINER, Circuit Judge., Before: MINER, McLAUGHLIN, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David G. Secular, Assistant Federal Public Defender, Syracuse, NY (Alexander Bunin, Federal Public Defender, Syracuse, NY, on the brief), for Defendant-Appellant., Barbara D. Cottrell, Assistant United States Attorney, Albany, NY (Joseph A. Pavone, United States Attorney for the Northern District of New York, Syracuse, NY, on the brief), for Appellee.