United States Second Circuit

In a conviction of defendant for various drug-related offenses, district court's imposition of a 120-month sentence pursuant to 21 U.S.C. section 846 and 841(b)(1)(B) is remanded for resentencing as, the second superseding indictment was insufficient to support defendant's sentencing under 21 U.S.C. section 841(b)(1)(B). Rather, defendant should have been sentenced under section 841(b)(1)(C) which deals with indeterminate amounts of drugs and which, in this case, did not require the imposition of a minimum prison term.

Appellate Information

• Decided 07/19/2012
• Published 07/19/2012

Judges

• Kearse

Court

• United States Second Circuit

Counsel