United States Second Circuit

Sentence of seventy-seven months' imprisonment and three years' supervised release for possession of ammunition by a convicted felon is vacated where: 1) nothing in the statute of conviction, the charging document, plea colloquy or other comparable judicial record established with certainty that appellant necessarily pleaded guilty to the elements of a controlled substance offense; and 2) the district court committed procedural error in its calculation of the Guidelines sentencing range.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

Court

• United States Second Circuit

Counsel