U.S. v. IVONYE

No. 1501, Docket 93-1720.

30 F.3d 275 (1994)

UNITED STATES of America, Appellee, v. Chukwune IVONYE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 8, 1994.


Attorney(s) appearing for the Case

Henriette D. Hoffman, New York City (Legal Aid Soc., on the brief), for defendant-appellant.

Stanley J. Okula, Brooklyn, NY (Zachary W. Carter, U.S. Atty., Edgardo Ramos, Asst. U.S. Atty., on the brief), for appellee.

Before: NEWMAN, Chief Judge, PIERCE and LEVAL, Circuit Judges.


JON O. NEWMAN, Chief Judge:

This appeal from a conviction in a narcotics case raises the issue whether a defendant's offense level should be calculated on the basis of the type and amount of narcotics actually possessed or only on such less serious type and such lesser amount as the defendant reasonably believed was possessed. We recently resolved that issue in favor of a calculation based on the type and quantity actually...

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