U.S. v. McKOY

No. 05-2461.

452 F.3d 234 (2006)

UNITED STATES of America v. Ricardo McKOY, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 19, 2006.


Attorney(s) appearing for the Case

David E. Schafer, Esquire, Julie A. McGrain, Esquire, Office of Federal Public Defender, Trenton, NJ, for Appellant.

George S. Leone, Esquire, David B. Lat, Esquire, Office of United States Attorney, Newark, NJ, for Appellee.

Before FUENTES, STAPLETON, and ALARCÓN, Circuit Judges.


Submitted Under Third Circuit LAR 34.1(a) April 25, 2006.

ALARCÓN, Circuit Judge.

Ricardo McKoy appeals from the District Court's order sentencing him to the ten-year statutory minimum for conspiracy to distribute and possess with intent to distribute crack cocaine. He contends that the District Court erred in failing to sentence him below the statutory minimum pursuant to 18 U.S.C. § 3553(f). We affirm.

I

On January 20, 2005, Mr...

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