United States Second Circuit

Sentence based on conviction for conspiracy to distribute cocaine and cocaine base is vacated, based on government's appeal, where the district court's downward departure of approximately 93% from the statutory minimum sentence failed to put forth sufficient reasons to justify the departure, and in the absence of explanation from the district court, it cannot be determined whether the sentence was reasonable.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

Court

• United States Second Circuit

Counsel