United States Second Circuit

Order declining to resentence defendant on remand is affirmed over claim that sentence at the bottom of the applicable Sentencing Guidelines range was unreasonable because the Guidelines punish offenses involving crack-cocaine equivalently to offenses involving 100-times greater quantities of powder cocaine.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before CABRANES, STRAUB, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lawrence F. Ruggiero, New York, NY, for Defendant-Appellant., Katherine Polk Failla, Assistant United States Attorney (Michael J. Garcia, United States Attorney, and Samidh Guha, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.