United States Second Circuit

Defendant's drug distribution sentence following a guilty plea is affirmed where: 1) the agreement and the plea colloquy put the defendant on notice that the Pimentel drug quantity estimate was not binding on the prosecutor and that if the estimate was wrong, the plea could not be withdrawn; and 2) there was no authority that prevented a sentencing judge from using facts of the offense conduct both to determine the applicable Sentencing Guidelines range and to select a sentence within that range.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• PER CURIAM:, Before: NEWMAN, CALABRESI, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Todd M. Merer, New York, N.Y., for Defendant-Appellant., Benton J. Campbell, U.S. Atty., Susan Corkery, Licha M. Nyiendo, Asst. U.S. Attys., Brooklyn, New York, N.Y., (on the brief), for Appellee.