United States Second Circuit

Prison sentence, based on determination that defendant's youthful offender adjudication constituted a prior conviction for a felony drug offense under 21 U.S.C. section 841(b)(1)(B), is affirmed over claim that it was improper for the court to draw this conclusion without undertaking any fact-finding as to whether defendant served his youthful offender sentence in a juvenile or adult facility.

Appellate Information

• Decided 10/05/2007
• Published 10/05/2007

Judges

• PER CURIAM:, Before:  MINER and CABRANES, Circuit Judges, and CROTTY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Sally Wasserman, New York, NY, for Defendant-Appellant., Emily Berger, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, on the brief;  Susan Corkery, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.