United States Second Circuit

In conviction for one count of conspiracy to possess with intent to distribute and to distribute an unspecified quantity of cocaine, denial of petition to reduce imprisonment pursuant to 18 U.S.C. section 3582(c)(2) is affirmed where: 1) petitioner's appeal challenged only the calculation of the base offense level, and not the sentencing court's choice of applicable offense guidelines; therefore, 2) Amendment 291 was inapplicable; and 3) the district court properly denied petitioner's motion.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

Court

• United States Second Circuit

Counsel