United States Second Circuit

In this criminal appeal, in which defendants Rios and Bautista moved for a reduced sentence in light of amendments made to the Sentencing Guidelines that lowered the base offense levels applicable to crimes involving certain quantities of cocaine base, conviction and sentence for conspiracy to distribute and possess with intent to distribute cocaine base is affirmed, where: 1) at the evidentiary hearing as to the motion for a reduced sentence, Bautista was neither present nor represented; and 2) the district court appropriately held an evidentiary hearing, did not clearly err in making a drug quantity finding that supported not reducing the sentences, and did not violate Bautista's constitutional rights.

Appellate Information

• Decided 09/02/2014
• Published 09/02/2014

Judges

• Walker

Court

• United States Second Circuit

Counsel