United States Second Circuit

Defendant's sentence for a drug conviction is vacated where he is entitled to a remand to permit the district court to decide whether to resentence him pursuant to US v. Crosby, 397 F.3d 103 (2d Cir. 2005).

Appellate Information

• Decided 10/20/2005
• Published 10/21/2005

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  MESKILL and CABRANES, Circuit Judges, and NEVAS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Arthur Joel Berger (Joel D. Robrish, Law Office of Joel D. Robrish, of counsel), Miami, FL, for Defendant-Appellant., Benjamin Lawsky, Assistant United States Attorney (Jeffrey A. Udell and Peter G. Neiman, Assistant United States Attorneys, of counsel;  David N. Kelley, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.