United States Second Circuit

Sentence for drug crimes is affirmed where: 1) the district court did not err in imposing consecutive prison terms under 18 U.S.C. sec. 924(c)(1)(A)(i) as the Whitley/Williams rule has no bearing on this case since the predicate drug crime underlying defendant's conviction does not dictate a mandatory minimum sentence; and 2) any error by the district court in calculating defendant's criminal history category was harmless.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  McLAUGHLIN, CALABRESI, RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jon P. Getz, Muldoon & Getz, Rochester, NY, for Defendant-Appellant., Monica J. Richards, Assistant United States Attorney, for Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, Buffalo, NY, for Appellee.