Monday, March 12, 2007

guilty plea to conspiracy to distribute and possess with intent to distribute heroin, is vacated

US v. Kaba, No. 05-3813 (2d Cir. March 08, 2007)
Sentence, based on a guilty plea to conspiracy to distribute and possess with intent to distribute heroin, is vacated where the district court impermissibly based its sentence on defendant's West-African heritage and thereby rendered the sentence invalid.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053813p.pdf

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