United States Fifth Circuit

A conviction for conspiracy to possess with intent to distribute crack cocaine and aiding and abetting the distribution of crack cocaine is affirmed over claims of error regarding whether: 1) defendant had ineffective assistance of counsel; 2) the prosecutor made improper remarks at trial; and 3) there was insufficient evidence to support the conviction. However, the sentence is vacated and remanded where defendant, having objected on the basis of an improper disparity between the Sentencing Guidelines' treatment of powder and crack cocaine offenses, was entitled to resentencing in light of Kimbrough v. United States, 128 S. Ct. 558 (2007).

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• SOUTHWICK, Circuit Judge:, Before DAVIS and SOUTHWICK, Circuit Judges, and DRELL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee., Mike DeGeurin, Foreman, DeGeurin & Nugent, Houston, TX, for Defendant-Appellant.