United States Second Circuit

Sentence based on guilty plea to conspiring with others to distribute and possess with intent to distribute forty-eight kilograms of cocaine is affirmed where the district judge properly applied preponderance of the evidence standard when finding facts relevant to Sentencing Guidelines calculations.

Appellate Information

• Decided 06/13/2007
• Published 06/13/2007

Judges

• PER CURIAM:, Before: SACK, B.D. PARKER, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• J. Scott Porter, Syracuse, NY, for Defendant-Appellant., Katherine Polk Failla, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, Boyd M. Johnson, Assistant United States Attorney, on the brief), New York, NY, for Appellee.