United States Second Circuit

Defendant's conviction for conspiracy to possess with the intent to distribute and to distribute 100 kilograms or more of marijuana, entered pursuant to a plea agreement, is affirmed, where: 1) the district court did not plainly err by accepting defendant's plea in open court without referencing the separate confidential cooperation agreement; 2) defendant’s claim that the government breached the confidential cooperation agreement by failing to move for a downward departure in his sentence fails; and 3) counsel was not constitutionally ineffective during the sentencing phase of the proceeding.

Appellate Information

• Decided 08/26/2013
• Published 08/26/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel