United States Second Circuit

Sentence based on guilty plea to conspiring to distribute and possess with intent to distribute cocaine base is vacated as it is unclear in light of Kimbrough v. US, 128 S. Ct. 558 (2007), whether the district court would have imposed a non-Guidelines sentence had it been aware that "the cocaine Guidelines, like all other Guidelines, are advisory only," and that it therefore had discretion to deviate from the Guidelines where necessary to serve the objectives of sentencing under 18 U.S.C. section 3553(a).

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• PER CURIAM1, Before: JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• B. Alan Seidler, New York, NY, for Defendant-Appellant., Stephen A. Miller, Assistant United States Attorney (Michael J. Garcia, United States Attorney, Southern District of New York, on the brief, Daniel A. Braun, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.