United States Second Circuit

Defendant's prior, marijuana trafficking conviction fits squarely within the language of U.S.S.G. section 2L1.2. Neither the fact that marijuana was involved, nor the fact that the prior conviction was 16 years old, may serve as a grounds for departure.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• CARDAMONE, Circuit Judge., Before:  NEWMAN, CARDAMONE, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Shawn J. Chen, Assistant United States Attorney, New Haven Connecticut (Kevin J. O'Connor, United States Attorney, District of Connecticut, New Haven, Connecticut, of counsel), for Appellant.


• For Appellees:
  
• Michael G. Moore, Springfield, Massachusetts, for Defendant-Appellee.