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U.S. v. SIMMONS

Docket No. 98-1244.

164 F.3d 76 (1998)

UNITED STATES of America, Appellee, v. Enrique SIMMONS, Defendant-Appellant, Joseph Pratt, George Silva, Darren Rivero, Shawn Marino, Randolph Wallace, Kevin Williams, Leo Orvalle, Bernard Mack, Shariece Parsons, Alfredo Berenger, Ronald Green, Glen L. Roland, John Murray, Henry Hagins, Robert Wilson, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 14, 1998.

Attorney(s) appearing for the Case

Cheryl G. Bader, Lincoln Square Legal Services, Inc., New York, N.Y. (James A. Cohen, of counsel), for Defendant-Appellant.

Meir Feder, Assistant United States Attorney, Southern District of New York, New York, N.Y. (Mary Jo White, United States Attorney; Dietrich L. Snell, Assistant United States Attorney, of counsel), for Appellee.

Before: VAN GRAAFEILAND, CABRANES, and NOONAN, Circuit Judges.

PER CURIAM:

The principal question presented is whether a sentencing court may consider admissions made during a guilty plea hearing on a count that is dismissed prior to sentencing.

Defendant Enrique Simmons appeals a sentence of imprisonment of 322 months imposed by the United States District Court for the Southern District of New York (John E. Sprizzo, Judge) at a resentencing hearing on April 2, 1998. Simmons argues, inter alia, that the...

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