U.S. v. TORRES

No. 90-5545.

926 F.2d 321 (1991)

UNITED STATES of America v. Carlos TORRES, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 1, 1991.

As Amended March 22, 1991.


Attorney(s) appearing for the Case

Chester M. Keller (argued), Asst. Federal Public Defender, Newark, N.J., for appellant.

Michael Chertoff, U.S. Atty., Leslie F. Schwartz (argued), Asst. U.S. Atty., Newark, N.J., for appellee.

Crummy, Del Deo Dolan, Griffinger & Vecchione, P.C. (Lawrence S. Lustberg, of counsel), Newark, N.J., for amicus curiae Ass'n of Criminal Defense Lawyers of N.J.

Before STAPLETON, GREENBERG, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we decide that a kilogram of cocaine seized in violation of the Fourth Amendment and suppressed for that reason was nevertheless properly considered in determining the applicable sentence under the Sentencing Guidelines. Because the plea bargain was based on a stipulation that a lesser amount of the drug was to be used for computation of the sentencing range, we will remand for appropriate relief....

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