U.S. v. Gonzalez, No. 11-1490-cr (2nd Cir.) (686 F.3d 122) (July 19, 2012) (Judge Amalya Lyle Kearse)
In a conviction of defendant for various drug-related offenses, district court's imposition of a 120-month sentence pursuant to 21 U.S.C. section 846 and 841(b)(1)(B) is remanded for resentencing as, the second superseding indictment was insufficient to support defendant's sentencing under 21 U.S.C. section 841(b)(1)(B). Rather, defendant should have been sentenced ...
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