United States Second Circuit

Conviction for conspiracy to possess crack cocaine with the intent to distribute is affirmed where the buyer-seller exception does not apply to conspiracy with regard to other transfers of either the seller or the buyer and does not apply to a finding that the defendants conspired with the selling group to distribute crack cocaine. Judgment against co-defendant Fuller is affirmed, but his case is remanded for reconsideration of his sentence in light of Kimbrough.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• LEVAL, Circuit Judge:, Before:  FEINBERG, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Brenda K. Sannes, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney, on the brief, Lisa M. Fletcher, Assistant United States Attorney, of counsel), United States Attorney's Office for the Northern District of New York, Syracuse, NY, for Appellees., Catherine E. Stuckart, Binghamton, NY, for Defendant-Appellant Kelvin Minott., Charles F. Willson, Nevins & Nevins LLP, East Hartford, CT, for Defendant-Appellant Jonathan Baker., Vivian Shevitz, South Salem, NY, for Defendant-Appellant George Fuller.