United States Second Circuit

Sentence for conspiracy to possess with intent to distribute crack cocaine is vacated and remanded where the district judge committed procedural error by relying improperly on the plea policy of a county district attorney, whereas the judge should have resorted to the Sentencing Guidelines as the starting point for determining an appropriate sentence.

Appellate Information

• Decided 04/25/2008
• Published 04/25/2008

Judges

• KORMAN, District Judge., Before:  CALABRESI and CABRANES, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David B. Massey, Assistant United States Attorney (Robin L. Baker, Robin L. Baker, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, NY, for Appellant.


• For Appellees:
  
• Michael F. Keesee, Port Chester, NY, for Defendant-Appellee Shuler., Robert A. Culp, Garrison, NY, for Defendant-Appellee Williams.