United States Second Circuit

292-month sentence after guilty plea to one count of conspiracy to distribute and possess with intent to distribute at least one kilogram of heroin is affirmed as, for the purposes of the penalty provisions set forth at 21 U.S.C. section 841(b), a conspiracy is "a violation" that "involv[es]" the aggregate quantity of narcotics attributable to the defendant throughout the course of the conspiracy, even if such quantity was transacted in a series of smaller sales.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• PER CURIAM:, Before: CARDAMONE, WALKER, JR., and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Devin McLaughlin, Langrock Sperry & Wool LLP, Middlebury, VT, for Defendant-Appellant., Morris J. Fodeman, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Emily Berger, Assistant United States Attorney, on the brief), Brooklyn, NY, for Appellee.