United States Second Circuit

Sentence for guilty plea to conspiracy to distribute marijuana, 21 U.S.C. sections 841(a)(1), (b)(1)(B) and 846; and to launder the proceeds of that illegal trafficking, 18 U.S.C. section 1956(h), is vacated and remanded for resentencing where: 1) defendant's applicable Guidelines range as defined by U.S.S.G. section 1B1.10(a) is the 121‐to‐151‐month range identified by the district court before accepting the parties' 11(c)(1)(C) agreement; and 2) because that range was lowered by Guidelines amendment to 97 to 121 months, however, defendant is eligible for a reduction in his 114‐month sentence, but to no lower than 97 months.

Appellate Information

• Published 2016/12/14

Judges

• RAGGI

Court

• United States Second Circuit

Counsel