United States Second Circuit

Upward departure from a criminal history category was appropriate where a prior drug possession conviction presented reliable information about defendant's criminal history. Denial of credit for acceptance of responsibility was proper based on defendant's racial profiling claim.

Appellate Information

• Decided 08/15/2002
• Published 08/15/2002

Judges

• POOLER, Circuit Judge., Before POOLER and SOTOMAYOR, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Martin G. Goldberg, Franklin Square, NY, for Defendant-Appellant., Kelly T. Currie, Assistant United States Attorney (Alan Vinegrad, United States Attorney for the Eastern District of New York, Peter A. Norling, Assistant United States Attorney, on the brief) Brooklyn, NY, for Appellee.