United States Second Circuit

Defendant's sentence for possessing with intent to distribute 50 grams or more of crack cocaine, is affirmed, where: 1) the district court did not err in applying a prior edition of the Sentencing Guidelines and declining to apply subsequent Guidelines amendments; and 2) the amendments at issue were substantive rather than clarifying and thus could not be applied to reduce defendant's base offense level.

Appellate Information

• Decided 10/16/2013
• Published 10/16/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel