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United States Second Circuit


US v. Culbertson, 10-1766

In a prosecution in which the defendant pleaded guilty to a charge of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine, the case is remanded to the district court with instructions to vacate the judgment of conviction, where: 1) there was an inadequate factual basis for the defendant's guilty plea with respect to the quantity of drugs for which he was responsible; and 2) the district court's error in accepting the defendant's plea was not harmless.

Appellate Information

  • Decided 02/03/2012
  • Published 02/03/2012

Judges

  • Lohier

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Laurie S. Hershey, Stephen J. Meyer

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