United States Second Circuit

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US v. Brown, 08-1207

Defendant's drug trafficking sentence is affirmed in part where the district court properly found that defendant's motions seeking to force the government to recommend a downward departure were meritless because no plea agreement requiring such a motion was ever entered and defendant alleged no unconstitutional motive for the government declining to recommend a downward departure. However, the sentence is vacated in part where the district court erred by refusing to hear defendant's ineffective assistance of counsel claim, raised after his conviction but before sentencing, until after he had been sentenced.

Appellate Information

  • Decided 10/19/2010
  • Published 10/19/2010

Judges

  • Peter W. Hall

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Jillian S. Harrington, Joseph J. Karaszewski