United States Second Circuit

Defendant's sentence for a drug conviction is remanded where his state convictions predicate to his mandatory minimum sentence were not final within the meaning of 21 U.S.C. section 841(b)(1)(A).

Appellate Information

• Decided 08/10/2005
• Published 08/10/2005

Judges

• WINTER, Circuit Judge., Before:  WINTER and POOLER, Circuit Judges, and BRIEANT, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Thomas Theophilos, Law Office of Thomas Theophilos, Buffalo, New York, for Defendant-Appellant., Lisa M. Fletcher, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the brief, Elizabeth S. Riker, Assistant United States Attorney, of counsel), Syracuse, New York, for Appellee.