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U.S. v. CORDOBA-MURGAS

Docket No. 04-3131-CR(L), 03-3350-CR(CON), 04-3554-CR(CON).

422 F.3d 65 (2005)

UNITED STATES of America, Appellee, v. Luis E. CORDOBA-MURGAS, also known as Carlos, also known as Negro, also known as Sealed Defendant # 2, Luis A. Todd-Murgas, Raul Antonio Cordoba-Murgas, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 7, 2005.

Amended: October 5, 2005.

Attorney(s) appearing for the Case

Grant C. Jaquith, Supervisory Assistant United States Attorney (Robert P. Storch, Assistant United States Attorney, of counsel; Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the brief), United States Attorney's Office for the Northern District of New York, Albany, NY, for Appellee.

Edward S. Zas, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant Luis E. Cordoba-Murgas.

Robert G. Wells, Syracuse, NY, for Defendant-Appellant Raul Antonio Cordoba-Murgas.

William M. Borrill, Campbell Law Firm, Syracuse, NY, for Defendant-Appellant Luis A. Todd-Murgas.

Before: OAKES and CABRANES, Circuit Judges, and GOLDBERG, Judge.

JOSÉ A. CABRANES, Circuit Judge.

We are asked to determine whether a defendant who has been indicted for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a), with no particular quantity specified in the indictment, may be sentenced to a term of imprisonment longer than the statutory maximum for a violation of that crime with an unspecified quantity of drugs, if the defendant admits to a specific quantity in his plea allocution...

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