United States Second Circuit

Conviction for conspiracy to possess and distribute cocaine base is affirmed and sentence is remanded where the record is unclear as to whether the district court understood that it could impose a non-Guidelines sentence based on the cocaine base-cocaine powder disparity contained in the Guidelines and pursuant to United States v. Regalado, 518 F.3d 143.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  MINER, CABRANES, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Joseph R. Perella, Assistant United States Attorney (Thomas D. Anderson, United States Attorney, Gregory L. Waples, Assistant United States Attorney, on the brief), United States Attorney's Office for the District of Vermont Burlington, VT, for Appellee., E.M. Allen, Stetler, Allen & Kampmann, Burlington, VT, for Defendant-Appellant.