United States Second Circuit

Conviction and sentence based on guilty plea to conspiring to distribute and possess with intent to distribute more than one kilogram of heroin is vacated where the district court impermissibly based its sentence on the defendant's national origin and thereby rendered the sentence invalid. (Amended opinion)

Appellate Information

• Decided 03/29/2007
• Published 03/29/2007

Judges

• SACK, Circuit Judge., Before WALKER, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jessica A. Roth, Assistant United States Attorney for the Southern District of New York (Michael A. Garcia, United States Attorney, and Jonathan S. Kolodner, Assistant United States Attorney, of counsel), New York, NY, for Appellee., Susan V. Tipograph, New York, NY, for Defendant-Appellant.