U.S. v. OSEI

No. 1458, Docket 96-1796.

107 F.3d 101 (1997)

UNITED STATES of America, Appellee, v. Kwabena OSEI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 21, 1997.


Attorney(s) appearing for the Case

Abraham L. Clott, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, for Defendant-Appellant.

Michael H. Warren, Assistant United States Attorney, E.D.N.Y., Brooklyn, NY (Zachary W. Carter, United States Attorney, Peter A. Norling, Assistant United States Attorney, of counsel), for Appellee.

Before: McLAUGHLIN, CALABRESI, and LAY, Circuit Judges.


PER CURIAM:

This case presents the question of whether U.S.S.G. § 2D1.1(b)(4) can be applied in cases in which the defendant is not subject to a statutory mandatory minimum sentence. The district court concluded, over the objection of both the defendant and the government, that Section 2D1.1(b)(4) is not applicable in such a case. Applying the plain language of the Sentencing Guidelines, we disagree. We therefore vacate...

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