United States Second Circuit

Convictions for conspiracy to possess crack cocaine with the intent to distribute in violation of 21 U.S.C. section 841 and 846 are affirmed for all three defendants and one case is remanded for sentencing where: 1) even if the buyer-seller exception protected buyers from criminal liability for conspiracy with their sellers to make the transfer between them, it did not protect them from criminal liability for conspiracy with their sellers with regard to other transfers either by the seller or by the buyers, if the facts supported such a charge; and 2) one sentence must be reconsidered in light of Kimbrough v. US, which held that cocaine guidelines are advisory.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Second Circuit

Counsel