United States Second Circuit

Conviction for two counts of intentional murder while engaged in a drug trafficking offense, in violation of 21 U.S.C. section 848(e)(1)(A), is affirmed where: 1) defendant was properly convicted under section 848(e)(1)(A) because the crack cocaine threshold for his drug conspiracy offense, committed before the Fair Sentencing Act of 2010 revised increased the threshold, was not retroactively altered; and 2) defendant voluntarily consented to the search of his home and the police conducted a lawful protective sweep.

Appellate Information

• Published 2016/02/11

Judges

• WESLEY

Court

• United States Second Circuit

Counsel