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: Second Circuit BlogRemand Performance
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United States v. Ogman, No. 06-0203-cr (2d Cir. July 24, 2008) (Sotomayor, Livingson, CJJ, Preska, DJ) (per curiam)This published opinion replaces a summary order filed in this case back in April. [It was blogged in that month?s Summary Summary.] The case holds that, in a crack cocaine prosecution, a Regalado remand is not warranted when the defendant was sentenced as a career offender. The range that applies in such cases is the product of the career offender guideline, and not of the 100-to-1 powder to crack ratio.
Full post as published by Second Circuit Blog on July 27, 2008 (boomark / email).
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