United States Second Circuit

Sentence for drug crimes is remanded where the government potentially misled defendant as to the minimum penalty he would face after a jury's conviction. The district court should determine whether the government caused misunderstanding of the minimum sentence adversely affected defendant's decision to proceed to trial and resentence if it would have imposed a lower sentence absent the mandatory minimum.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• PER CURIAM:, Before POOLER and SOTOMAYOR, Circuit Judges, and JONES, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• B. Alan Seidler, New York, NY, for Defendant-Appellant Ramon Morales., Norman Trabulus, New York, NY, for Defendant-Appellant Luis Orozco-Castanos., Nicole W. Friedlander, Assistant United States Attorney for the Southern District of New York, for Lev. L. Dassin, Acting United States Attorney for the Southern District of New York (Katherine Polk Failla, Assistant United States Attorney, on the brief, New York, NY), for Appellee.