United States Second Circuit
US v. Highsmith, 11-48
In a conviction for conspiracy to distribute crack cocaine and weapons possession in furtherance of a drug-trafficking crime, defendant's sentence is vacated and remanded for resentencing consistent with Dorsey v. US which held that the more lenient sentences Congress created under the Fair Sentencing Act applied to those defendants who were sentenced after the FSA became law for crimes committed before that event. Defendant's remaining argument that the district court plainly erred by adopting the presentence investigation report without making further fact-findings is rejected.
Appellate Information
- Decided 08/08/2012
- Published 08/08/2012
Judges
Court
- United States Second Circuit