United States Second Circuit

Defendant's sentence for distributing and possessing with intent to distribute 50 grams or more of a substance containing cocaine base is vacated so that the district court can perform an individualized consideration of factors relevant to an assessment of whether Category VI under the Sentencing Guidelines significantly over-represented the seriousness of defendant's criminal history or the likelihood that he would commit further crimes.

Appellate Information

• Decided 12/21/2010
• Published 12/22/2010

Judges

• J. Clifford Wallace

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Yuanchung Lee, Thomas M. Sullivan