United States Second Circuit

Sentence is reversed and remanded where sentencing enhancement under the United States Sentencing Guidelines for a prior aggravated felony should not be applied, as neither of defendant's two felony convictions for simple drug possession are considered an aggravated felony justifying enhancement.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• PER CURIAM:, Before:  JACOBS, Chief Judge, WESLEY Circuit Judge, and ARCARA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alexander Bunin, Federal Public Defender, Melissa A. Tuohey, James F. Greenwald, Assistant Federal Public Defenders, on the brief, Syracuse, NY, for Appellant.


• For Appellees:
  
• Brenda K. Sannes, Miroslav Lovric, on the brief, Assistant United States Attorneys, for Glenn T. Suddaby, United States Attorney for the Northern District of New York, for Appellee.