United States Second Circuit

Vacated a sentence on the ground that the defendant's prior New York drug conviction should not have been used to enhance his federal sentence. The defendant argued that because his earlier drug conviction was for selling a New York-outlawed hormone called HCG, which is not a controlled substance under federal law, it should not have been used to increase his base offense level under the U.S. Sentencing Guidelines. The Second Circuit agreed, and thus vacated and remanded for resentencing on his federal charges.

Appellate Information

• Published 2018/07/23

Judges

• Vilardo

Court

• United States Second Circuit

Counsel