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U.S. v. ACOSTA

No. 01-13212.

287 F.3d 1034 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos ACOSTA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 3, 2002.

Attorney(s) appearing for the Case

Daniel Lawrence Castillo, Tampa, FL, for Defendant-Appellant.

Tamra Phipps, Kathy J.M. Peluso, Asst. U.S. Atty., Tampa, FL, Charles L. Truncale, Jacksonville, FL, for Plaintiff-Appellee.

Before TJOFLAT, COX and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This appeal concerns whether a prior adjudication, but not a conviction, for a felony under New York's youthful offender statute can be used for sentencing enhancement. Carlos Acosta pled guilty in federal court to conspiracy to possess with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846. At sentencing, the district court determined that Acosta's prior youthful offender adjudication from New York qualified...

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