U.S. v. HAYNES

Docket No. 04-6684-CR.

412 F.3d 37 (2005)

UNITED STATES of America, Appellee, v. David HAYNES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2005.


Attorney(s) appearing for the Case

Scott E. Leemon, New York, NY, for Defendant-Appellant.

Cecil C. Scott, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Peter A. Norling, Assistant United States Attorney, on the motion), Brooklyn, NY, for Appellee.

Before: KEARSE, CALABRESI, and POOLER, Circuit Judges.


PER CURIAM.

Defendant-appellant David Haynes entered into a plea agreement on a cocaine possession charge on February 20, 2004, which included a waiver of the right to appeal any sentence of 108 months' imprisonment or less. On December 15, 2004, Haynes was sentenced to 70 months' imprisonment under the United States Sentencing Guidelines ("Guidelines"), despite defense counsel's objection to the constitutionality of the Guidelines in light of the Supreme Court's...

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